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LIBRARY 

OF 

THE  UNIVERSITY  OF  TEXAS 


THE  GENARO  GARCIA 
COLLECTION 


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ANNUAL  REPORT 


OF  THE 


American  Historical  Association 


FOR 


THE  YEAR   1908 


IN  TWO  VOLUMES 

Vol.  11(1) 

Diplomatic  Correspondence  of  the  Republic  of  Texas 
:    :P»rt:II  :     . 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1911 


1  *)  ^  n  7  »!  Digitized  by  CuOOglC 


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EIGHTH  REPORT  OF  THE 
HISTORICAL  MANUSCRIPTS  COMMISSION. 


DIPLOMATIC  CORRESPONDENCE  OF  THE  REPUBLIC  OF  TEXAS. 


PART  II. 


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DIPLOMATIC  CORRESPONDENCE  OF  THE  REPUBLIC  OF  TEXAS. 

EDITED   BY 

Profesior  of  History  in  the  University  of  Texas. 

PART  II. 

CORRESPONDENCE  WITH  THE  UNITED  STATES  (concluded),  MEXICO, 
AND  YUCATAN. 


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CONTENTS. 


Page. 

Introduction 29 

Note  on  death  of  Professor  Garriaou 33 

Correspondence  with  the  United  States,  1843  to  1846  (with  additional  letters, 
1835-1842),  with  Mexico  and  Yucatan,  and  with  Great  Britain  and  the 

European  powers 35 

Calendar  of  correspondence  hitherto  printed 35 

Correspondence  hitherto  unpublished — 
Correspondence  with  the  United  States — 
Additional  letters,  1835-1842— 

Sam  Houston  to  J.  Pinckney  Henderson,  December  31, 1836 51 

James  Webb  to  Alc6e  La  Branche,  May  27, 1839 52 

David  G.  Burnet  to  Richard  G.  Dunlap,  June  3, 1839 53 

Nathaniel  Amory  to  Richard  G.  Dunlap,  July  24, 1839 53 

David  G.  Burnet  to  Richard  G.  Dunlap,  August  19, 1839 54 

T.  Dunlap  to  Richard  G.  Dunlap,  September  28, 1839 56 

Nathaniel  Amory  to  Richard  G.  Dunlap,  October  25, 1839 56 

John  Emberson  to  Albert  Sidney  Johnston,  September  2, 1839  (extract)  57 

David  G.  Burnet  to  Alc6e  La  Branche,  November  29,  1839 57 

David  G.  Burnet  to  Alc6e  La  Branche,  December  3, 1839 59 

David  G.  Burnet  to  Alc^  La  Branche,  December  7, 1839 59 

William  Scurlock  to  David  G.  Burnet,  November  30, 1839 60 

William  M.  Williams  to  David  G.  Burnet,  November  30, 1839 60 

D.  Rowlett  to  David  G.  Bumet,  undated 61 

David  G.  Bumet  to  Alc6e  La  Branche,  December  16, 1839 61 

David  G.  Bumet  to  Alc^  La  Branche,  December  17, 1839 63 

David  G.  Bumet  to  Alc^e  La  Branche,  December  20, 1839 63 

D.  Rowlett  to  David  G.  Bumet,  January  5, 1840 64 

David  G.  Bumet  to  Richard  G.  Dunlap,  January  20, 1840 65 

Abner  S.  Lipscomb  to  Alc^  La  Branche,  April  1, 1840 67 

Deposition  of  Swagerty  and  others,  July  10, 1840 68 

Abner  S.  Lipscomb  to  James  Hamilton  and  A.  T.  Bumley,  AugUHt  15, 

1840 69 

Joseph  Waplee  to  Barnard  E.  Bee,  September  19, 1840 71 

Abner  S.  Lipscomb  to  Geo.  H.  Flood,  December  13, 1840 72 

Joseph  Waplee  to  Nathaniel  Amory,  January  5, 1841 72 

Joseph  Waples  to  Geo.  H.  Flood,  January  28, 1841 73 

Joseph  Waplee  to  Geo.  H.  Flood,  February  2, 1841 73 

Joseph  Waples  to  Geo.  H.  Flood,  February  3, 1841 74 

James  S.  Mayfield  to  Geo.  H.  Flood,  February  12, 1841 74 

James  S.  Mayfield  to  Barnard  E.  Bee,  February  17, 1841 75 

James  S.  Mayfield  to  Barnard  E.  Bee,  March  22, 1841 77 

Geo.  H.  Flood  to  Jamee  S.  Mayfield,  March  25, 1841 79 

James  S.  Mayfield  to  Geo.  H.  Flood,  March  29, 1841 80 

Geo.  H.  Flood  to  James  S.  Mayfield,  March  31, 1841 81 

James  S.  Mayfield  to  Barnard  E.  Bee,  April  20, 1841 82 

7 


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8  CONTENTS. 

Correspondence  with  the  United  States — Continued.  Page. 

Additional  letters,  1835-1842— Continued. 

James  S.  Mayfield  to  Nathaniel  Amory,  April  24, 1841 86 

Samuel  A.  Roberta  to  Barnard  E.  Bee,  June  21, 1841 87 

Samuel  A.  Roberts  to  Barnard  E.  Bee,  July  8, 1841 93 

Samuel  A.  Roberta  to  Joseph  Eve,  August  11, 1841 94 

Samuel  A.  Roberta  to  Joseph  Eve,  August  17, 1841 94 

Samuel  A.  Roberts  to  Barnard  E.  Bee,  September  7, 1841 96 

Sam  Houston  to  Joseph  Eve,  July  30, 1842 100 

Sam  Houston  to  A.  B.  Roman,  September  12, 1842 101 

Sam  Houston  to  A.  B.  Roman,  October  29, 1842 101 

Correspondence  for  1843-1846 — 

Isaac  Van  Zandt  to  Anson  Jones,  January  11, 1843 103 

Joseph  Eve  to  Anson  Jones,  January  11, 1843  (extract) 106 

Isaac  Van  Zandt  to  Anson  Jones,  January  20, 1843 107 

J.  C.  Spencer  to  Isaac  Van  Zandt,  January  17, 1843 107 

T.  Hartley  Crawford  to  Wm.  Armstrong,  January  12, 1843 107 

R.  Jones  to  W.  Davenport  and  G.  Loomis,  January  13, 1843 108 

Isaac  Van  Zandt  to  Anson  Jones,  January  25, 1843 115 

Joseph  Eve  to  Anson  Jones,  January  26, 1843 118 

M.  E.  Hale  to  Joseph  Eve,  December  27, 1842 119 

Charges  for  retention  of  the  brig  Retrieve 121 

Anson  Jones  to  Isaac  Van  Zandt,  January  31, 1843 ^ 121 

Anson  Jones  to  Joseph  Eve,  February  5, 1843 122 

Anson  Jones  to  Isaac  Van  Zandt,  February  10, 1843 123 

Wm.  Henry  Daingerfield  to  Anson  Jones,  February  14, 1843 124 

Anson  Jones  to  Isaac  Van  Zandt,  February  16, 1843 125 

Sam  Houston  to  Joseph  Eve,  February  17, 1843  (extract) , 128 

Joseph  Eve  to  Joseph  Waples,  February  27,  1843 128 

Copy  and  sunmiary  of  instructions  United  States  Department  of  State  to 

Joseph  Eve  as  charg^  to  Texaa,  June  15, 1841 129 

Wm.  Henry  Daingerfield  to  Anson  Jones,  March  10, 1843 130 

Joseph  Eve  to  Anson  Jones,  March  13, 1843 131 

Isaac  Van  Zandt  to  Anson  Jones,  March  13, 1843 132 

'     Daniel  Webster  to  Isaac  Van  Zandt,  March  11, 1843 138 

Isaac  Van  Zandt  to  William  S.  Archer,  January  10, 1843 ^ . . .  139 

Isaac  Van  Zandt  to  Anson  Jones,  April  5, 1843 149 

Isaac  Van  Zandt  to  Daniel  Webster,  March  23, 1843 152 

Joseph  Eve  to  Anson  Jones,  April  13, 1843 163 

Isaac  Van  Zandt  to  Anson  Jones,  April  19, 1843 164 

Isaac  Van  Zandt  to  Anson  Jones,  April  21, 1843 168 

Anson  Jones  to  Joseph  Eve,  April  22, 1843 170 

Joseph  Eve  to  Anson  Jones,  April  28, 1843 171 

ReubenM.  Potter  to  A.  M.  Green,  March  10, 1843 172 

A.  M.  Green  to  Joseph  Eve,  March  17, 1843 172 

Isaac  Van  Zandt  to  Anson  Jones,  May  3, 1843 173 

Sam  Houston  to  Joseph  Eve,  May  6, 1843 174 

Anson  Jones  to  Isaac  Van  Zandt,  May  8, 1843 175 

Anson  Jones  to  Isaac  Van  Zandt,  May  9, 1843 177 

Joseph  W.  Robertson  to  Anson  Jones,  April  20, 1843 177 

Chas.  H.  Raymond  to  Anson  Jones,  May  12, 1843 178 

Anson  Jones  to  Joseph  Eve,  May  16, 1843 179 

Anson  Jones  to  Joseph  Eve,  May  17, 1843 180 

Anson  Jones  to  Isaac  Van  Zandt,  June  1, 1843 181 


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CONTENTS.  9 

Correspondence  with  the  United  States — Continued.  Page. 

Jesse  Benton  to  Anson  Jones,  May  1, 1843 182 

Petition  of  James  Bourland 183 

Isaac  Van  Zandt  to  Anson  Jones,  June  5,  1843 186 

Petition  of  Joseph  Cooper  to  the  Texan  minister 187 

Anson  Jones  to  Isaac  Van  Zandt,  June  8,  1843 189 

Joseph  Eve  to  President  of  Texas  [Houston],  June  10,  1843 190 

Anson  Jonee  to  Isaac  Van  Zandt,  June  15,  1843 192 

Isaac  Van  Zandt  to  Anson  Jones,  June  29,  1843 192 

Anson  Jones  to  Isaac  Van  Zandt,  July  6,  1843 195 

Anson  Jones  to  Isaac  Van  Zandt,  July  7,  1843 196 

Isaac  Van  Zandt  to  Anson  Jones,  August  10,  1843 197 

Isaac  Van  Zandt  to  Anson  Jones,  August  15,  1843 201 

J.  M.  Porter  to  H.  S.  Legar^,  May  11, 1843 203 

William  Armstrong  to  T.  H.  Crawford,  April  10,  1843 203 

William  Armstrong  to  T.  H.  Crawford 203 

Chas.  H.  Raymond  to  Anson  Jones,  August  20,  1843 204 

Isaac  Van  Zandt  to  Anson  Jones,  August  31, 1843 205 

Isaac  Van  Zandt  to  Anson  Jones,  September  18, 1843 207 

Isaac  Van  Zandt  to  Anson  Jones,  September  18, 1843 211 

Anson  Jones  to  Isaac  Van  Zandt,  September  29,  1843 212 

M.  C.  Hamilton  to  Jacob  Snively,  February  16,  1843 217 

Jacob  Snively  to  Geo.  W.  HUl,  July  9,  1843 218 

Isaac  Van  Zandt  to  Anson  Jones,  October  16,  1843 221 

Isaac  Van  Zandt  to  Anson  Jones,  November  4,  1843 224 

Isaac  Van  Zandt  to  Anson  Jones,  November  30,  1843 228 

W.  S.  Murphy  to  Anson  Jones,  December  1,  1843 230 

Anson  Jones  to  Isaac  Van  Zandt,  December  13,  1843 232 

W.  S.  Murphy  to  Anson  Jones,  December  24,  1843 236 

Isaac  Van  Zandt  to  Anson  Jones,  January  2,  1844 236 

Isaac  Van  Zandt  to  Anson  Jones,  January  20,  1844 239 

A.  P.  Upshur  to  Isaac  Van  Zandt,  January  16,  1844 244 

Anson  Jonee  to  Isaac  Van  Zandt,  January  27, 1844 248 

Anson  Jones  to  J.  Pinckney  Henderson,  February  15,  1844 252 

Anson  Jones  to  W.  S.  Murphy,  February  16,  1844 253 

Isaac  Van  Zandt  to  Anson  Jones,  February  22,  1844 254 

J.  H.  Brewer  to  Isaac  Van  Zandt,  January  31, 1844  (extract) 256 

Isaac  Van  Zandt  to  A.  P.  Upshur,  February  21, 1844 258 

Anson  Jones  to  Isaac  Van  2iandt,  February  24,  1844 259 

Anson  Jones  to  Henderson  and  Van  Zandt,  February  25,  1844 259 

Isaac  Van  Zandt  to  Anson  Jones,  March  5,  1844 261 

Isaac  Van  Zandt  to  Anson  Jones,  March  20,  1844 263 

Isaac  Van  Zandt  to  Anson  Jones,  March  22,  1844 264 

Isaac  Van  Zandt  to  Anson  Jones,  March  25,  1844 264 

Anson  Jones  to  Isaac  Van  Zandt,  March  26,  1844 265 

Anson  Jones  to  Isaac  Van  Zandt,  April  6, 1844 267 

Anson  Jones  to  Isaac  Van  Zandt,  April  12,  1844 268 

Van  Zandt  and  Henderson  to  Anson  Jones,  April  12, 1844 269 

Sam  Houston  to  Henderson  and  Van  Zandt,  April  16,  1844  (extract) 273 

Sam  Houston  to  Van  Zandt  and  Henderson,  April  29, 1844 274 

Anson  Jones  to  Van  Zandt  and  Henderson,  May  2, 1844 276 

Sam  Houston  to  Van  Zandt  and  Henderson,  May  10, 1844 278 

Isaac  Van  Zandt  to  Anson  Jones,  May  11,  1844 280 

Sam  Houaton  to  Van  Zandt  and  Henderson,  May  17, 1844 281 


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10  CONTENTS. 

Correapondence  with  the  United  States— Continued.  Page. 

Van  Zandt  and  Henderson  to  Anson  Jones,  May  25,  1844 283 

Van  Zandt  and  Henderson  to  Anson  Jones,  June  10,  1844 284 

Isaac  Van  Zandt  to  Anson  Jones,  June  13,  1844 285 

Van  Zandt  and  Henderson  to  Anson  Jones,  June  15,  1844 286 

Isaac  Van  Zandt  to  Anson  Jones,  June  18,  1844 287 

Isaac  Van  Zandt  to  Anson  Jones,  July  6,  1844 288 

Anson  Jones  to  Isaac  Van  Zandt,  July  13,  1844 289 

A.  M.  Green  to  Anson  Jones,  July  14,  1844 290 

Anson  Jones  to  A.  M.  Green,  July  22,  1844 291 

Anson  Jones  to  Charles  H.  Raymond,  July  29,  1844. . .'. 292 

Address  of  Tilghman  A.  Howard  to  Anson  Jones,  between  August  2  and  6, 

1844 293 

Anson  Jones's  reply  to  Howard *s  address 294 

Anson  Jones  to  Charles  H.  Raymond,  August  6, 1844 295 

Isaac  Van  Zandt  to  Anson  Jones,  August  8,  1844 297 

J.  H.  Brower  to  Isaac  Van  Zandt,  July  27,  1844  (extract) 299 

Isaac  Van  Zandt  to  Anson  Jones,  August  16,  1844 300 

Wm.  Wilkins  to  John  C.  Calhoun,  April  24,  1844 301 

Proceedings  of  Court  of  Inquiry  in  case  of  Cooke,  April  24, 1844  (extract).  302 

D.  Parker  to  John  C.  Calhoun,  June  27,  1844 303 

R.  Jones  to  the  Secretary  of  War  [of  the  United  States],  June  27, 1844 303 

R.  Jones  to  Zachary  Taylor,  March  11,  1844 304 

Zachary  Taylor  to  AdjutantrGeneral  [R.  Jones],  April  2,  1844 304 

G.  Loomis  to  W.  W.  S.  Bliss,  April  20,  1843 305 

Isaac  Van  Zandt  to  Anson  Jones,  August  19,  1844 306 

J.  H.  Brower  to  Isaac  Van  Zandt,  August  16,  1844  (extract) 307 

Isaac  Van  Zandt  to  Anson  Jones,  September  11, 1844 309 

Charles  H.  Raymond  to  Anson  Jones,  September  12,  1844 310 

Charles  H.  Raymond  to  Anson  Jones,  September  19,  1844 312 

Charles  H.  Raymond  to  Anson  Jones,  October  1,  1844 313 

Anson  Jones  to  James  Reily,  October  16,  1844 315 

Anson  Jones  to  Charles  H.  Raymond,  October  24,  1844 316 

Charles  H.  Raymond  to  Anson  Jones,  November  27,  1844 317 

A.  J.  Donelson  to  Anson  Jones,  December  2, 1844 318 

M.S.  CucuUu  to  John  C.  Spencer,  April  26, 1844 319 

Balie  Peyton  to  M.  S.  CucuUu,  April  26,  1844 320 

Eddy  and  Moss  to  the  collector  of  the  customs  at  New  Orleans,  April  23, 

1843 321 

Agreement  of  Eddy  and  Moss  with  Wm.  V.  C.  Dashiell,  April  17, 1844 321 

Notesof  Eddy  and  Moss,  April  17, 1844 322 

Charles  H.  Raymond  to  the  Secretary  of  State  of  Texas  [Jones],  December 

4,1844 323 

John  C.  Calhoun  to  Charles  H.  Raymond,  December  2,  1844 324 

Charles  H.  Raymond  to  John  C.  Calhoun,  December  2,  1844 325 

A.  J.  Donelson  to  Anson  Jones,  December  6, 1844 325 

Anson  Jones  to  A.  J.  Donelson,  December  7, 1844 326 

A.  J.  Donelson  to  Secretary  of  State  [Allen,. arf  interim],  December  10, 1844.  327 

Ebenezer  Allen  to  A.  J.  Donelson,  December  11,  1844 327 

A.  J.  Donelson  to  Ebenezer  Allen,  December  13, 1844 328 

Charles   H.    Raymond    to   the    Secretary  of   State    of  Texas  [Allen], 

December  30,  1844 329 

John  C.  Calhoun  to  Charles  H.  Raymond,  December  23,  1844 \ . .  330 

Charlee  H.  Raymond  to  John  C.  Calhoun,  December  27, 1844 331 


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CONTENTS.  11 

'Correspondence  with  the  United  States — Continued.  Page. 

Ebenezer  Allen  to  A.  J.  Donelson,  January  4,  1845 332 

Charles  H.  Raymond  to  Ebenezer  Allen,  January  4,  1845 334 

A.J.  Donelson  to  Ebenezer  Allen,  January  6,  1845 335 

Ebenezer  Allen  to  Charles  H.  Raymond,  January  10,  1845 337 

Charles  H.  Raymond  to  Ebenezer  Allen,  January  11,  1845 339 

Ebenezer  Allen  to  Charles  H.  Raymond,  January  16,  1845 340 

Charles  H.  Raymond  to  Ebenezer  Allen,  January  16,  1845 341 

Ebenezer  Allen  to  Charles  H.  Raymond,  January  20,  1845 342 

Deposition  of  George  W.  Wright,  January  18,  1845 343 

Deposition  of  James  Bourland,  January  18,  1845 344 

A.  J.  Donelson  to  Ebenezer  Allen,  January  20,  1845 346 

Duff  Green  to  A.  J.  Donelson,  January  20,  1845 347 

Williams,  Thurston,  and  Meggerson  to  Duff  Green,  January  1,  1845 348 

A.  J.  Donelson  to  Ebenezer  Allen,  January  21,  1845 349 

Ebenezer  Allen  to  A.  J.  Donelson,  January  21, 1845 350 

Charles  H.  Raymond  to  Ebenezer  Allen,  January  27,  1845 352 

John  C.  Calhoun  to  Charles  H.  Raymond,  January  22,  1845 353 

Charles  H.  Raymond  to  Ebenezer  Allen,  February  6,  1845 354 

Charles  H.  Raymond  to  John  C.  Calhoun,  February  6,  1845 354 

Ashbel  Smith  to  A.  J.  Donelson,  February  10,  1845 355 

Ashbel  Smith  to  Charles  H.  Raymond,  February  11,  1845 358 

Charles  H.  Raymond  to  Ebenezer  Allen,  February  18,  1845 359 

Charles  H.  Raymond  to  John  C.  Calhoun,  February  10,  1845 360 

Charles  H.  Raymond  to  John  C.  Calhoun,  February  11,  1845 361 

Charles  H.  Raymond  to  Ebenezer  Allen,  February  21,  1845 362 

Charles  H.  Raymond  to  Ebenezer  Allen,  February  28,  1845 364 

Ashbel  Smith  to  Charles  H.  Raymond,  March  21 ,  1845 365 

Ashbel  Smith  to  Stewart  Newell,  March  24,  1845 366 

Charles  H.  Raymond  to  Ashbel  Smith,  March  31,  1845 367 

A.  J.  Donelson  to  Ebenezer  Allen,  April  7,  1845 : 369 

Charles  H.  Raymond  to  Ebenezer  Allen,  April  30,  1845 374 

Charles  H.  Raymond  to  Ebenezer  Allen,  May  19,  1845 377 

Ebenezer  Allen  to  David  S.  Kaufman,  July  10,  1845 381 

Ebenezer  Allen  to  David  S.  Kaufman,  July  10,  1845 382 

Anson  Jones  to  James  K.  Polk,  July  12,  1845 386 

Ebenezer  Allen  to  William  D.  Lee,  August  2,  1845 388 

T.  Hartley  Crawford  to  Andrew  J.  Donelson,  July  29,  1845 390 

E.  A.  Rhodes  to  Ebenezer  Allen,  August  21, 1845 390 

J.  Y.  Mason  to  E.  A.  Rhodes,  August  7, 1845 391 

E.  A.  Rhodes  to  Ebenezer  Allen,  August  21,  1845 391 

Anson  Jones  to  Zachary  Taylor,  August  23,  1845 393 

Ebenezer  Allen  to  E.  A.  Rhodes,  August  30,  1845 395 

William  D.  Lee  to  Ebenezer  Allen,  September  8, 1845 398 

James  Buchanan  to  William  D.  Lee,  September  6,  1845 399 

William  D.  Lee  to  James  Buchanan,  September  8,  1845 400 

David  S.  Kaufman  to  Ebenezer  Allen,  September  30,  1845 401 

David  S.  Kaufman  to  James  Buchanan,  September  23,  1845 402 

WilliamD.  Lee  to  Ebenezer  Allen,  October  8,  1845 406 

Ebenezer  Allen  to  David  S.  Kaufman,  October  15,  1815 409 

William  D.  Lee  to  Ebenezer  Allen,  October  21,  1845 410 

W.  L.  Marcy  to  David  S.  Kaufman,  October  10, 1845 410 

David  S.  Kaufman  to  Ebenezer  Allen,  November  3,  1845 411 

William  D.  Lee  to  Ebenezer  Allen,  November  8,  1845 412 


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12  CONTENTS. 

Correspondence  with  the  United  States— Continued.  P«Ke.- 

William  D.  Lee  to  James  Buchanan,  November  6,  1845 413 

Anson  Jones  to  James  K.  Polk,  November  12,  1845 414 

Joseph  C.  Eldredge  to  E.  A.  Rhodes,  November  29,  1845 415 

Anson  Jones  to  James  K.  Polk,  February  16,  1846 415 

R.  J.  Walker  to  Hiram  G.  Runnels,  March  25,  1846 416 

Correspondence  with  Mexico — 

David  G.  Burnet  to  Anto.  Lopez  de  Santa  Anna,  May  17,  1836 418 

David  G.  Burnet  to  Anto.  Lopez  de  Santa  Anna,  May  19,  1836 419 

David  G.  Burnet  to  Anto.  Lopez  de  Santa  Anna,  May  20,  1836 420 

David  G.  Burnet  to  Anto.  Lopez  de  Santa  Anna,  May  20,  1836 420 

Anto.  Lopez  de  Santa  Anna  to  David  G.  Burnet,  June  4,  1836 421 

Anto.  Lopez  de  Santa  Anna  to  David  G.  Burnet,  June  8,  1836 421 

Anto.  Lopez  de  Santa  Anna  to  David  G.  Burnet,  June  8,  1836 422 

Anto.  Lopez  de  Santa  Anna  to  Sam  Houston,  October  24,  1836 423 

Stephen  F.  Austin  to  Fran.  Pizarro  Martinez,  November  30,  1836 424 

Geo.  W.  Hockley  to  Sam  Houston,  December  13,  1836 425 

Geo.  W.  Hockley  to  Sam  Houston,  December  13,  1836 426 

Barnard  E.  Bee  to  Sam  Houston,  December  14,  1836 427 

Fran.  Pizarro  Martinez  to  Stephen  F.  Austin,  December  29,  1836 428 

A.  J.  Yates  to  Stephen  F.  Austin,  January  4,  1837 428 

Correspondent  in  Tampico  to  T.  Toby,  January  7,  1837 429 

Correspondent  in  Tampico  to  T.  Toby,  January  26,  1837 429 

Antonio  Canales  to  Mirabeau  B.  Lamar,  December  17,  1838 430 

James  Webb  to  Barnard  E.  Bee,  February  20,  1839 432 

Barnard  E.  Bee  to  James  Webb,  undated 437 

James  Webb  to  Barnard  E.  Bee,  March  7,  1839 437 

Barnard  E.  Bee  to  James  Webb,  April  1,  1839 438 

Barnard  E.  Bee  to  James  Webb,  April  6,  1839 438 

Barnard  E.  Bee  to  James  Webb  [April  7,  1839] 439 

Barnard  E.  Bee  to  James  Webb,  iindated 440 

Barnard  E.  Bee  to  James  Webb,  April  18,  1839 441 

Barnard  E.  Bee  to  James  Webb,  April  30,  1839 442 

Barnard  E.  Bee  to  James  Webb,  May  1,  1839 443 

Barnard  E.  Bee  to  James  Webb,  May  9,  1839 443 

Barnard  E.  Bee  to  James  Webb,  May  13,  1839 444 

Geo.  L.  Hammeken  to  James  Hamilton,  May  19, 1839 445 

Geo.  L.  Hanmieken  to  James  Webb,  May  20, 1839 446 

Barnard  E.  Bee  to  James  Webb,  May  24,  1839 447 

Barnard  E.  Bee  to  James  Webb,  May  28,  1839 449 

James  Hamilton  to  Mirabeau  B.  Lamar,  June  22,  1839 450 

J.  R.  Poinsett  to  James  Hamilton,  May  31,  1839 452 

James  Hamilton  to  Mirabeau  B.  Lamar,  June  28,  1839 453 

James  Hamilton  to  R.  Copeland,  June  29,  1839 454 

Barnard  E.  Bee  to  James  Webb,  June,  1839 455 

Barnard  E.  Bee  to  James  Webb,  July  5,  1839 457 

Barnard  E.  Bee  to  James  Webb,  July  6,  1839 458 

James  Hamilton  to  Mirabeau  B.  Lamar,  July  8, 1839 459 

Barnard  E.  Bee  to  James  Webb,  July  9,  1839 460 

Barnard  E.  Bee  to  James  Webb,  undated 462 

Barnard  E.  Bee  to  James  Webb,  July,  1839 463 

James  Webb  to  Barnard  E.  Bee,  July  11, 1839 464 

Barnard  E.  Bee  to  James  Webb,  July  24, 1839 465 

BaniaxdE.  Bee  to  James  Webb,  July  26, 1839 466 


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CONTENTS.  13 

Correspondence  with  Mexico— Continued.  Page. 

Barnard  E.  Bee  to  [Lamar],  July  [?]  3839 467 

James  Hamilton  to  Mirabeau  B.  Lamar,  August  1,  1839 468 

Mirabeau  B.  Lamar  to  James  Treat,  August  9,  1839 469 

David  G.  Burnet  to  James  Treat,  August  9,  1839 470 

Barnard  E.  Bee  to  David  G.  Burnet,  August  13, 1839 472 

Jacob  Barker  to  Barnard  E.  Bee,  August  32,  1839 474 

James  Treat  to  David  G.  Burnet,  August  33,  3839 475 

DaAdd  G.  Burnet  to  James  Treat,  August  19,  1839 476 

James  Treat  to  Mirabeau  B.  I^mar,  September  3,  1839 477 

James  Treat  to  David  G.  Burnet,  September  3,  1839 478 

James  Treat  to  David  G.  Burnet,  September  10,  1839 482 

James  Treat  to  David  G.  Burnet,  September  18,  1839 484 

James  Treat  to  Mirabeau  B.  I^mar,  September  18,  1839 486 

A  Friend  of  Treat  in  Mexico  to  a  Friend  of  Treat  in  New  Orleans  [Vitalba], 

August  2,  1839 '. 487 

A  Friend  of  Treat  in  New  Orleans  [Vitalba]  to  James  Treat,  September 

2,1839 487 

James  Treat  to  David  G.  Biumet,  September  21,  1839 488 

James  Treat  to  David  G.  Burnet,  Octobers,  1839 490 

James  Treat  to  David  G.  Burnet,  October  10,  1839 492 

James  Treat  to  David  G.  Burnet,  October  23,  1839 494 

A.  S.  Wright  to  Wm.  Bryan,  November  21, 1839 496 

James  Treat  to  David  G.  Burnet,  November  28, 1839 500 

James  Treat  to  David  G.  Burnet,  November  29. 1839 501 

A.  S.  Wright  to  William  Bryan,*  December  7,  1839 503 

Juan  de  Dios  Cafiedo  to  R.  Pakenham,  December  11, 1839 505 

James  Treat  to  Mirabeau  B.  Lamar,  December  12, 1839 505 

James  Treat  to  Mirabeau  B.  Lamar,  December  12,  1839 506 

James  Treat  to  James  Hamilton,  December  16,  1839 507 

James  Treat  to  Mirabeau  B.  Lamar,  December  20,  1839 512 

David  G.  Burnet  to  James  Hamilton,  December  23,  1839 517 

A.  S.  Wright  to  Wm.  Bryan,  December  25, 1839 518 

A.  S.  Wright  to  John  Merle,  December25,  1839 520 

A.  S.  Wright  to  Wm.  Bryan,  December  27,  1839 520 

James  Treat  to  Mirabeau  B.  Lamar,  December  31, 1839 523 

James  Hamilton  to  David  G.  Burnet,  January  7,  1840 527 

James  Treat  to  Mirabeau  B.  Lamar,  January  7,  1840 527 

James  Treat  to  Mirabeau  B.  Lamar,  January  18,  1840 529 

James  Treat  to  Mirabeau  B.  Lamar,  January  22,  1840 536 

James  Treat  to  Mirabeau  B.  Lamar,  January  31,  1840 538 

James  Treat  to  Mirabeau  B.  Lamar,  February  1,  1840 542 

James  Treat  to  Mirabeau  B.  Lamar,  February  4,  1840 543 

Abner  S.  Lipscomb  to  Barnard  E.  Bee,  February  6,  1840 546 

James  Treat  to  Mirabeau  B.  Lamar,  February  6,  1840 545 

James  Treat  to  Mirabeau  B.  Lamar,  February  7, 1840 548 

James  Treat  to  Juan  de  Dios  CaAedo,  January  24,  1840 550 

James  Treat  to  Juan  de  Dios  Cafiedo,  January  24,  1840 551 

James  Treat  to  Juan  de  Dios  Cafiedo,  February  7,  1840 553 

James  Treat  to  Mirabeau  B.  Lamar,  February  8/ 1840 559 

James  Treat  to  Mirabeau  B.  Lamar,  February  8,  1840 560 

James  Treat  to  Mirabeau  B.  Lamar,  February  15,  1840 564 

James  Treat  to  Mirabeau  B.  Lamar,  February  21,  1840 570 

James  Treat  to  Juan  de  Dios  Cafiedo,  January  24,  1840 572 


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14  CONTENTS. 

Correspondence  with  Mexico— Continued.  Page. 

James  Treat  to  Juan  Nepomuceno  Almonte,  January  24,  1840 573 

James  Treat  to  Juan  de  Dies  Cafiedo,  February  4,  1840.  .* 575 

James  Treat  to  Juan  de  Dies  Cafiedo,  February  10,  1840 576 

James  Treat  to  Juan  de  Dios  Cafiedo,  February  12,  1840 576 

James  Treat  to  Mirabeau  B.  Lamar,  February  22,  1840 577 

James  Treat  to  Mirabeau  B.  Lamar,  February  29,  1840 579 

David  G.  Burnet  to  James  Treat,  March  12,  1840 581 

David  G.  Burnet  to  R.  Pakenham,  March  12,  1840 583 

David  G.  Burnet  to  R.  Pakenham,  March  12,  1840 583 

James  Treat  to  Mirabeau  B.  Lamar,  March  25,  1840 584 

James  Treat  to  Mirabeau  B.  Lamar,  March  27,  1840. 587 

Propositions  of  Texas  to  Mexico,  March  21,  1840 592 

Basis  of  a  Treaty  between  Mexico  and  Texas  [March  21,  1840] 592 

James  Treat  to  Mirabeau  B.  I^amar,  March  31, 1840 593 

Abner  S.  Lipscomb  to  James  Treat,  April  1,  1840 595 

Abner  S.  Lipscomb  to  Hamilton  and  Burnley,  April  1,  1840 596 

James  Treat  to  Secretary  of  State  [Lipscomb],  April  10,  1840 597 

Jas.  Ogilvy  to  R.  Pakenham,  August  20,  1839 597 

Jas.  Ogilvy  to  R.  Pakenham,  August  20,  1839 600 

James  Treat  to  Mirabeau  B.  Lamar,  April  10,  1840 601 

James  Treat  to  Mirabeau  B.  Lamar,  April  10,  1840 601 

Correspondent  at  Vera  Cruz  to  David  G.  Burnet,  April  16,  1840 606 

James  Treat  to  Mirabeau  B.  Lamar,  April  21,  1840 606 

James  Treat  to  Juan  de  Dios  Cafiedo,  April  20,  1840 608 

A.  S.  Wright  to  Barnard  E.  Bee,  Februarys,  1840 609 

Barnard  E.  Bee  to  Secretary  of  State  [Lipscomb],  April  21,  1840 612 

James  Treat  to  Mirabeau  B.  Lamar,  April  24,  1840 612 

R.  Pakenham  to  David  G.  Burnet,  April  25,  1840 614 

James  Treat  to  Mirabeau  B.  Lamar,  April  30, 1840 615 

A.  S.  Wright  to  Barnard  E.  Bee,  August  29,  1839 615 

A.  S.  Wright  to  Barnard  E.  Bee,  November  10,  1839 618 

A.  S.  Wright  to  Barnard  E.  Bee,  November  — ,  1839 620 

A.  S.  Wright  to  Barnard  E.  Bee,  November  18,  1839 624 

Barnard  E.  Bee  to  Secretary  of  State  [Lipscomb],  April  30,  1840 C32 

Abner  S.  Lipscomb  to  James  Hamilton,  May  4,  1840 632 

Abner  S.  Lipscomb  to  James  Treat,  May  7,  1840 633 

James  Treat  to  Mirabeau  B.  Lamar,  May  7,  1840 634 

James  Treat  to  Mirabeau  B.  Lamar,  May  28,  1840 636 

James  Treat  to  James  Ritchie,  June  3,  1840 639 

James  Treat  to  Mirabeau  B.  Lamar,  June  3,  1840 640 

James  Treat  to  Mirabeau  B.  Lamar,  June  6,  1840 641 

Abner  S.  Lipscomb  to  James  Treat,  June  13,  1840 642 

James  Treat  to  Mirabeau  B.  Lamar,  June  14, 1840 646 

James  Treat  to  Abner  S.  Lipscomb,  June  19,  1840 649 

Mirabeau  B.  Lamar  to  E.  W.  Moore,  June  20,  1840 651 

A.  S.  Wright  to  Barnard  E.  Bee,  June  25,  1840 652 

A.  S.  Wright  to  Barnard  E.  Bee,  July  1, 1840 657 

James  Treat  to  Abner  S.  Lipscomb,  July  4,  1840 662 

James  Treat  to  Mirabeau  B.  Lamar,  July  4,  1840 663 

James  Treat  to  Juan  de  Dios  Cafiedo,  June  20, 1840 665 

Barnard  E.  Bee  to  James  Treat,  April  28,  1»40 665 

James  Treat  to  Abner  S.  Lipscomb,  July  13,  1840 666 

James  Treat  to  Mirabeau  B.  Lamar,  July  13, 1840 668 


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CONTENTS.  15 

Correspondence  with  Mexico — Continued.  Page. 

James  Treat  to  Mirabeau  B.  Lamar,  July  23,  1840 670 

James  Treat  to  Abner  S.  Lipscomb,  August  11,  1840 674 

James  Treat  to  Mirabeau  B.  Lamar,  August  11, 1840 675 

A.  S.  Wright  to  Barnard  E.  Bee,  July  27,  1840 677 

A.  S.  Wright  to  Barnard  E.  Bee,  August  18,  1840 682 

James  Treat  to  Mirabeau  B.  Lamar,  August  21, 1840 683 

James  Treat  to  Abner  S.  Lipscomb,  August  21,  1840 684 

Memorandum  explaining  attitude  of  Mexico  towards  Texas,  August  19, 

1840 688 

James  Treat  to  E.  W.  Moore,  August  21,  1840 690 

E.  W.  Moore  to  James  Treat,  August  25,  1840 693 

E.  W.  Moore  to  Muabeau  B.  Lamar,  August  28,  184Q 695 

E.  W.  Moore  to  Abner  S.  Lipscomb,  August  28,  1840 696 

James  Treat  to  Abner  S.  Lipscomb,  September  7,  1840 697 

Memorandum  communicated  by  Treat  to  Mexican  Government,  Septem- 
ber 5,  1840 700 

Abner  S.  Lipscomb  to  James  Treat,  September  15,  1840 703 

James  Treat  to  Abner  S.  Lipscomb,  September  29,  1840 •. 704 

Agent  of  Texas  [Treat]  to  Secretary  of  State  of  Mexico  [Cafledo],  Septem- 
ber 21,  1840 706 

Preliminary  memorandum  for  arrangement  of  armistice  between  Mexico 

and  Texas,  September  25,  1840 708 

James  Treat  to  Abner  S.  Lipscomb,  October  6,  1840 708 

James  Treat  to  Abner  S.  Lipscomb,  October  17,  1840 711 

James  Treat  to  Abner  S.  Lipscomb,  October  25,  1840 711 

E.  W.  Moore  to  James  Treat,  October  29,  1840 713 

E.  W.  Moore  to  Joaquin  Rivas  Sayas,  October  16,  1840 714 

Joaquin  Rivas  Sayas  to  E.  W.  Moore,  October  17,  1840 715 

Nathaniel  Amory  to  Abner  S.  Lipscomb,  November  27,  1840 716 

Juan  N.  Leplicher  to  Nathaniel  Amory,  October  17,  1840 -717 

A.  S.  Wright  to  Nathaniel  Amory,  October  17,  1840 718 

Juan  Vitalba  to  Mirabeau  B.  Lamar,  December  8,  1840 720 

James  Treat  to  R.  Pakenham,  October  10,  1840 721 

James  Treat  to  R.  Pakenham,  October  14,  1840 722 

James  Treat  to  R.  Pakenham,  October  14,  1840 723 

R.  Pakenham  to  James  Treat,  September  29,  1840 723 

Juan  de  Dies  Cafiedo  to  R.  Pakenham,  September  26,^.840 725 

R.  Pakenham  to  James  Treat,  October  14,  1840 726 

R.  Pakenham  to  James  Treat,  October  15,  1840 726 

R.  Pakenham  to  James  Treat,  October  21,  U540 727 

R.  Pakenham  to  James  Treat,  November  5,  1840 727 

James  Treat  to  E.  W.  Moore,  October  6,  1840 729 

James  Treat  to  E.  W.  Moore,  September  30,  1840 729 

A.  S.  Wright  to  Mirabeau  B.  Lamar,  March  18,  1841 731 

James  S.  May  field  to  James  Webb,  March  22,  1841 732 

List  of  Documents  furnished  Webb,  undated 736 

Samuel  A.  Roberts  to  Cooke  and  others,  June  15,  1841 737' 

Samuel  A.  Roberts  to  Wm.  G.  Cooke,  June  15,  1841 743 

Samuel  A.  Roberts  to  Rafael  Uribe,  June  23,  1841 747 

Samuel  A.  Roberts  to  Van  Ness  and  Morris,  June  24,  1841 748 

Mirabeau  B.  Lamar  to  Mariano  Arista,  June  24,  1841 749 

James  Webb  to  James  S.  Mayfield,  June  29,  1841 751 

James  Webb  to  Ignacio  de  Mora,  May  31,  1841 752 


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16  CONTENTS. 

Correspondence  with  Mexico^-Continued.  Page. 

Ignacio  de  Mora  to  James  Webb,  May  31,  1841 753 

James  Webb  to  R.  Pakenham,  June  1,  1841 753 

R.  Pakenham  to  James  Webb,  June  10,  1841 755 

Sebastian  Canacho  to  R.  Pakenham,  June  8,  1841 757 

R.  Pakenham  to  James  S.  Mayfield,  June  10,  1841 758 

James  Webb  to  R.  Pakenham,  June  16,  1841 759 

James  Webb  to  Mirabeau  B.  Lamar,  June  29,  1841 760 

Samuel  A.  Roberts  to  James  Webb,  July  7,  1841 766 

John  D.  Morris  to  Samuel  A.  Roberts,  September  13,  1841 767 

John  D.  Morris  to  Samuel  A.  Roberts,  September  30,  1841 768 

Van  Ness  and  Morris  to  Rafael  Uribe  [July  18,  1841) 768 

Van  Ness  and  Morris  to  Carrasco,  July  25,  1841 772 

Van  Ness  and  Morris  to  Mariano  Arista,  August  6,  1841 774 

Mariano  Arista  to  Van  Ness  and  Morris,  August  8,  1841 776 

Brenham  and  Cooke  to  Secretary  of  State  [Roberts],  November  9, 1841 777 

Anson  Jones  to  James  Hamilton,  December  26,  1842 784 

Sam  Houston  to  Secretary  of  State  [Jones],  June  10, 1843 785 

Sam  Houston  to*Hockley  and  Williams,  February  3,  1843 786 

G.  W.  Hill  to  Adrian  Woll,  July  29,  1844 789 

Reuben  M.  Potter  to  Ashbel  Smith,  March  18,  1845 790 

Correspondence  with  Yucatan — 

Mirabeau  B.  Lamar  to  Governor  of  Yucatan,  July  20,  1841 792 

Miguel  Barbachano  to  Mirabeau  B.  Lamar,  August  24,  1841 793 

Martin  F.  Peraza  to  Samuel  A.  Roberts,  September  11,  1841 794 

Samuel  A.  Roberts  to  Martin  F.  Peraza,  September  13,  1841 795 

Martin  F.  Peraza  to  Samuel  A.  Roberts,  September  18,  1841 796 

E.  W.  Moore  to  PedrffLemus,  January  13,  1842 797 

Pedro  Lemus  to  E.  W.  Moore,  January  14,  1842 798 

Joaquin  G.  Rej6n  to  Secretary  of  State  [Waples,  acting],  January  18,  1842. .  799 

Joaquin  G.  Rei6n  to  Secretary  of  State  [Waples,  acting],  January  18,  1842. .  800 

Decree  of  Yucatdn  Congress  concerning  the  Zavala,  September  1,  1840. .  801 

Instructions  to  Peraza,  August  24,  1841 801 

Joaquin  G.  Rej6n  to  President  of  Texas,  April  9,  1842 804 

Pedro  Lemus  to  Secretary  of  State  [Rej6n],  April  8,  1842 804 

Correspondence  with  Great  Britain — 

R.  A.  Irion  to  J.  Pinckney  Henderson,  June  25,  1837 808 

J.  Pinckney  Hendersdh  to  Secretary  of  State  [Irion],  July  24, 1837 810 

R.  A.  Irion  to  J.  Pinckney  Henderson,  August  23,  1837 810 

J.  Pinckney  Henderson  to  Secretary  of  State  [Irion],  October  14,  1837 812 

J.  Pinckney  Henderson  to  Lord  Palmerston,  October  11,  1837 812 

I^rd  Palmerston  to  J.  Pinckney  Henderson,  October  12,  1837 812 

J.  Pinckney  Henderson  to  Lord  Palmerston,  October  12,  1837 812 

J.  Pinckney  Henderson  to  R.  A.  Irion,  November  5,  1837 821 

J.  Pinckney  Henderson  to  Lord  Palmerston,  October  26,  1837 821 

Lord  Palmerston  to  J.  Pinckney  Henderson,  October  31,  1837 829 

J.  Pinckney  Henderson  to  Lizardi  <k  Co.,  October  16,  1837 830 

J.  Pinckney  Henderson  to  R.  A.  Irion,  December  22,  1837 831 

J.  Pinckney  Henderson  to  Lord  Palmerston,  December  6,  1837 832 

J.  Pinckney  Henderson  to  Lord  Palmerston,  December  15,  1837 832 

Lord  Palmerston  to  J.  Pinckney  Henderson,  December  18,  1837 832 

R.  A.  Irion  to  J.  Pinckney  Henderson,  January  6,  1838 836 

J.  Pinckney  Henderson  to  R.  A.  Irion,  January  5,  1838 839 

J.  Pinckney  Henderson  to  R.  A.  Irion,  January  30,  1838 843 


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CONTENTS.  17 

Correspobdence  with  Great  Britain—Continued.  Page. 

J.  Pinckney  Henderson  to  Lord  Palmerston,  December  29,  1837 843 

J.  Pinckney  Henderson  to  Lord  Palmerston,  January  16,  1838 845 

J.  Pinckney  Henderson  to  Lord  Palmerston,  January  22,  1838 846 

Lord  Palmerston  to  J.  Pinckney  Henderson,  January  23,  1838 847 

R.  A.  Irion  to  Agent  of  Lloyds,  March  8,  1838 848 

R.  A.  Irion  to  J.  Pinckney  Henderson,  March  20,  1838 849 

J.  Pinckney  Henderson  to  R.  A.  Irion,  April  12, 1838 863 

J.  Pinckney  Hendereon  to  Lord  Palmerston,  February  12,  1838 854 

Lord  Palmerston  to  J.  Pinckney  Henderson,  February  12,  1838 854 

J.  Pinckney  Henderson  to  Lord  Palmerston,  March  16,  1838 855 

J.  Pinckney  Henderson  to  Lord  Palmerston,  April  5,  1838 856 

Lord  Palmerston  to  J.  Pinckney  Henderson,  April  6,  1838 856 

J.  Pinckney  Henderson  to  Lord  Palmerston,  April  10,  1838 858 

Lord  Palmerston  to  J.  Pinckney  Henderson,  April  11,  1838 859 

R.  A.  Irion  to  J.  Pinckney  Henderson,  May  20,  1838 '. 860 

R.  A.  Irion  to  J.  Pinckney  Henderson,  June  6,  1838 862 

R.  A.  Irion  to  J.  Pinckney  Henderson,  November  28,  1838 864 

Jamee  Hamilton  to  H.  S.  Fox,  May  20,  1839 867 

H.  S.  Fox  to  James  Hamilton,  May22,  1839 870' 

David  G.  Burnet  to  J.  Pinckney  Henderson,  June  16,  1839 872 

David  G.  Burnet  to  Jamee  Hamilton,  August  19,1839 873 

J.  Pinckney  Henderson  to  Secretary  of  State  [Burnet],  October  16,  1839. .  874 

J.  Pinckney  Henderson  to  Secretary  of  State  [Burnet],  November  24, 1839.  875 

J.  Pinckney  Henderson  to  Secretary  of  State  [Biumet],  November  27, 1839.  876 

James  Hamilton  to  David  G.  Burnet,  January  5,  1840 878 

R.  Pakenham  to  James  Hamilton,  December  12,  1839 879 

Jamee  Hamilton  to  R.  Pakenham,  January  2,  1840 *, 881 

Jamee  HamUton  to  R.  Pakenham,  January  3,  1840 883 

James  Buchanan  to  E.  W.  Moore,  January  7,  1840 885 

E.  W.  Moore  to  James  Buchanan,  January  8,  1840 885 

James  Hamilton  to  Abner  S.  Lipecomb,  February  25,  1840 886 

Jamee  Hamilton  to  Lord  Palmerston,  February  10,  1840 887 

James  Treat  to  Mirabeau  B.  Lamar,  April  29,  1840 890 

James  Treat  to  Abner  S.  Lipscomb,  April  29,  1840 891 

R.  Pakenham  to  James  Treat,  April  26,  1840 892 

Statement  of  Claim  of  Lizardi  <k  Co.,  November  20,  1839 895 

James  Treat  to  Ri.  Pakenham,  April  28,  1840 897 

Abner  S.  Lipecomb  to  R.  Pakenham,  June  6, 1840 898 

John  Taylor  to  Mirabeau  B.  Lamar,  July  28, 1840 900 

List  of  negro  subjects  of  Great  Britain  alleged  to  be  held  in  slavery  in  Texas, 

undated 902 

James  Hamilton  to  Abner  S.  Lipecomb,  October  3,  1840 903 

Mirabeau  B.  Lamar  to  Lord  Russell,  October  12,  1840 903 

Joseph  Waples  to  Wm.  Barron,  October  12,  1840 904 

James  Hamilton  to  Abner  S.  Lipecomb,  October  19,  1840 905 

Geo.  S.  Mcintosh  to  Mirabeau  B.  Lamar,  October  22,  1840 906 

James  Hamilton  to  Abner  S.  Lipscomb,  November  1 ,  1840 907 

James  Hamilton  to  Lord  Palmerston,  November  5, 1840 909 

Abner  S.  Lipecomb  to  Wm.  Barron,  November  18,  1840 911 

Deposition  of  Grigsby,  November  13,  1840 911 

Deposition  of  Hardin,  October  31,  1840 912 

Contract  of  Taylor  and  Ames  with  Moore,  May  28,  1836 913 

30728**— VOL  2,  PT  1—11 2 

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18  CONTENTS. 

Correspondence  with  Great  Britain — Continued.                                              *  Page. 

Deposition  of  Moore,  November  2,  1840 914 

James  Hamilton  to  Mirabeau  B.  Lamar,  December  3,  1840 914 

James  Hamilton  to  Monroe  Edwards,  November  23,  1840 916 

Lord  Palmerston  to  James  Hamilton,  December  2, 1840 916 

James  Hamilton  to  Abner  S.  Lipscomb,  December  3,  1840 917 

James  Hamilton  to  Abner  S.  Lipscomb,  December  3,  1840 919 

Hamilton  and  Burnley  to  James  H.  Starr,  December  3,  1840 920 

James  Hamilton  to  Abner  S.  Lipscomb,  January  4,  1841 921 

James  Hamilton  to  Lord  Palmerston,  October  1,  1840 925 

Lord  Palmerston  to  James  Hamilton,  October  18,  1840  (extract) 926 

James  Hamilton  to  Mirabeau  B.  Lamar,  January  4,  1841 926 

Lord  Palmerston  to  James  Hamilton,  January  2,  1841 930 

James  S.  Mayfield  to  James  Hamilton,  February  12,  1841 930 

James  S.  Mayfield  to  James  Hamilton,  February  12,  1841 931 

A.  T.  Biimley  to  David  G.  Burnet,  February  21,  1841 931 

Arthur  Ikin  to  James  S.  Mayfield,  May  18,  1841 936 

James  Hamilton  to  James  S.  Mayfield,  May  18,  1841 937 

Protocol  of  Conference  between  Plenipotentiaries  of  Great  Britain  and 

Texas,  May  19,  1841 939 

Samuel  A.  Roberts  to  James  Hamilton,  July  5,  1841 939 

John  Crawford  to  Mirabeau  B.  Lamar,  July  30,  1841 942 

Lord  Palmerston  to  Mirabeau  B.  Lamar,  April  8, 1841 942 

James  Hamilton  to  Samuel  A.  Roberts,  September  3,  1841 943 

Anson  Jones  to  James  Hamilton,  January  26,  1842 943 

James  Hamilton  to  Anson  Jones,  February  8,  1842 944 

James  Hamilton  to  Anson  Jones,  February  14,  1842 944 

James  Hamilton  to  Nathaniel  Amory,  February  8,  1842 945 

James  Hamilton  to  Anson  Jones,  February  18,  1842 945 

James  Hamilton  to  Anson  Jones,  March  4,  1842 947 

Anson  Jones  to  Ashbel  Smith,  March  9,  1842 948 

Arthur  Ikin  to  Anson  Jones,  March  15,  1842 950 

Anson  Jones  to  Ashbel  Smith,  April  4,  1842 952 

Geo.  Fisher  to  Anson  Jones,  April  25,  1842 953 

Ashbel  Smith  to  Anson  Jones,  May  17,  1842 955 

Ashbel  Smith  to  Anson  Jones,  June  3,  1842 959 

Ashbel  Smith  to  Anson  Jones,  June  3, 1842 961 

Anson  Jones  to  Ashbel  Smith,  June  7,  1842 ^ 963 

Ashbel  Smith  to  Anson  Jones,  June  18,  1842 966 

Ashbel  Smith  to  Anson  Jones,  June  18,  1842 967 

Lord  Aberdeen  to  Secretary  of  State  of  Texas  [Jones],  June  28,  1842 969 

Ashbel  Smith  to  Anson  Jones,  July  3,  1842 971 

Ashbel  Smith  to  Anson  Jones,  July  4,  1842 976 

Ashbel  Smith  to  Lord  Aberdeen,  July  1,  1842 977 

Ashbel  Smith  to  Anson  Jones,  July  11,  1842 978 

Ashbel  Smith  to  Edward  Everett,  May  12,  1842 979 

Edward  Everett  to  Ashbel  Smith,  May  12,  1842 979 

Edward  Everett  to  Ashbel  Smith,  May  13,  1842 979 

Edward  Everett  to  Ashbel  Smith,  May  13,  1842 980 

Ashbel  Smith  to  Samuel  Amory,  May  13, 1842 980 

Samuel  Amory  to  George  K.  Teulon,  May  13,  1842 980 

Ashbel  Smith  to  Edward  Everett,  May  13,  1842 981 

Edward  Everett  to  Ashbel  Smith,  May  15,  1842 ^  981 

Ashbel  Smith  to  Edward  Everett,  May  16,  1842 981 


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CONTENTS.  19 

Correspondence  with  Great  Britain — Continued.  Page. 

A^bel  Smith  to  Lord  Aberdeen,  May  21,  1842 981 

Ashbel  Smith  to  Lord  Aberdeen,  May  27,  1842 982 

Lord  Aberdeen  to  Ashbel  Smith,  May  30,  1842 982 

M.  P.  Russell  to  Ashbel  Smith,  June  4,  1842  (extract) *..  982 

Ashbel  Smith  to  James  Reily,  June  6,  1842 983 

Ashbel  Smith  to  Geo.  S.  Mcintosh,  June  7,  1842 984 

Ashbel  Smith  to  Lord  Aberdeen,  June  14,  1842 985 

Protest  against  building  Steamers  in  Great  Britain  for  use  of  Mexico 

against  Texas,  June  14,  1842 986 

M.  P.  Russell  to  Ashbel  Smith,  June  15,  1842 986 

Lord  Aberdeen  to  Ashbel  Smith,  June  17,  1842 987 

Ashbel  Smith  to  Geo.  S.  Mcintosh,  June  20,  1842 987 

Ashbel  Smith  to  Lord  Aberdeen,  June  24,  1842 988 

lx)rd  Aberdeen  to  Ashbel  Smith,  June  25,  1842 988 

Ashbel  Smith  to  M.  P.  Russell,  June  22,  1842 988 

Joseph  Hume  to  Ashbel  Smith,  June  29, 1842 989 

Lachlin  M.  Rate  to  Ashbel  Smith,  June  29,  1842 990 

Memorandum  concerning  War  Steamers  to  be  used  against  Texas,  un- 
dated   990 

Wm.  Pringle  to  Ashbel  Smith,  June  29  (?),  1842 990 

M.  P.  Russell  to  Ashbel  Smith,  June  30,  1842 991 

William  Kennedy  to  Ashbel  Smith,  June  30,  1842. 991 

Arthur  Ikin  to  Ashbel  Smith,  July  1,  1842 992 

Ashbel  Smith  to  Arthur  Ikin,  July  2,  1842 993 

Fox  Sons  &  Co.  to  Ashbel  Smith,  July  2,  1842 993 

Ashbel  Smith  to  Lord  Aberdeen,  July  4,  1842 993 

Gabriel  Shaw  to  Ashbel  Smith,  July  5,  1842 994 

Ashbel  Smith  to  Joseph  Hume,  July  5,  1842 994 

Ashbel  Smith  to  Lachlin  M.  Rate,  July  7,  1842 994 

Advertisement  of  Texan  Bonds,  July,  1842 : .  .995 

Wm.  Pringle  to  Ashbel  Smith,  July  8,  1842 995 

Ashbel  Smith  to  Wm.  Pringle,  July  8,  1842 995 

Lachlin  M.  Rate  to  Ashbel  Smith,  July  8,  1842 995 

Protocol  of  Conference  between  Plenipotentiaries  of  Texas  and  Great 

Britain,  June  28, 1842 996 

Certificate  of  Exchange  of  Ratification  of  Convention  as  to  Debt  be- 
tween Texas  and  Great  Britain,  June  28,  1842 997 

Ashbel  Smith  to  Anson  Jones,  July  12,  1842 997 

Ashbel  Smith  to  Anson  Jones,  August  13,  1842 999 

Debate  in  House  of  Commons,  Mexico  and  Texas,  August  2,  1842 1000 

Ashbel  Smith  to  Wm.  Pringle,  July  31,  1842 1001 

Wm.  Pringle  to  Ashbel  Smith,  August4,  1842 1002 

Wm.  Pringle  to  Ashbel  Smith,  August  5,  1842 1003 

G.  W.  Terrell  to  Ashbel  Smith,  August  20,  1842 1004 

Charles  Elliot  to  Secretary  of  State  [Jones],  August  23, 1842 1009 

G.  W.  Terrell  to  Charles  Elliot,  August  29,  1842 1009 

G.  W.  Terrell  to  Lord  Aberdeen,  August  30,  1842 1010 

Ashbel  Smith  to  Lord  Aberdeen,  August  15,  1842 1011 

Charles  Elliot  to  G.  W.  Terrell,  September  10, 1842 1012 

Joseph  Waples  to  Charles  Elliot,  September  14,  1842 1014 

Ashbel  Smith  to  Anson  Jones,  September  19,  1842 1015 

Ashbel  Smith  to  Lord  Aberdeen,  September  14,  1842 1017 

Ashbel  Smith  to  H.  U.  Addington,  September  14,  1842 1018 


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20  CONTENTS. 

Correspondence  with  Great  Britain — Continued.  Page. 

Ashbel  Smith  to  Texan  Consuls,  undated 1018 

Ashbel  Smith  to  Anson  Jones,  September  19,  1842 1019 

Ashbel  Smith  to  Lord  Aberdeen,  September  19,  1842 1020 

Charles  Elliot  to  Anson  Jones,  September  26,  1842 1022 

Ashbel  Smith  to  Anson  Jones,  October  3,  1842 1023 

Ashbel  Smith  to  Anson  Jones,  October  3,  1842 1024 

James  Hamilton  to  Anson  Jones,  October  5,  1842 1025 

Ashbel  Smith  to  Anson  Jones,  October  17,  1842 1026 

Ashbel  Smith  to  Anson  Jones,  October  19,  1842 1029 

Lord  Aberdeen  to  Ashbel  Smith,  July  16,  1842 1033 

Lord  Aberdeen  to  Ashbel  Smith,  September  21,  1842 1034 

Lord  Aberdeen  to  Ashbel  Smith,  September  27,  1842 1035 

Ashbel  Smith  to  Lord  Aberdeen,  October  10,  1842 1037 

Order  for  Release  of  Montezuma  (extract),  undated 1043 

Charles  Elliot  to  G.  W.  Terrell,  October  31,  1842. 1043 

James  Hamilton  to  Anson  Jones,  November  25, 1842 1045 

James  Hamilton  to  Anson  Jones,  November  25,  1842 1046 

James  Hamilton  to  Lords  of  the  Treasury,  undated. 1048 

H.  U.  Addington  to  James  Hamilton,  August  19,  1842 1051 

James  Hamilton  to  Senior  Officer  of  British  Navy,  August  23,  1842 1052 

G.  W.  Terrell  to  Charles  Elliot,  Decembers,  1842 1055 

G.  W.  Terrell  to  Ashbel  Smith,  December  7,  1842 1056 

Charles  Elliot  to  G.  W.  Terrell,  December  13,  1842 1058 

Anson  Jones  to  Sam  Houston,  December  24,  1842 1062 

Anson  Jones  to  Charles  Elliot,  December  24,  1842 1063 

Ashbel  Smith  to  Anson  Jones,  December  30, 1842 1064 

Lord  Aberdeen  to  Ashbel  Smith,  November  8,  1842 1068 

Ashbel  Smith  to  Lord  Aberdeen,  December  10, 1842 1072 

Ashbel  Smith  to  Lord  Aberdeen,  December  12, 1842 1073 

.  Ashbel  Smith  to  Lachlin  M.  Rate,  December  24, 1842 1077 

Charles  Elliot  to  Anson  Jones,  January  17, 1843 1078 

Anson  Jones  to  Ashbel  Smith,  January  18, 1843. ., 1079 

Anson  Jones  to  Ashbel  Smith,  January  19,  1843 1080 

Anson  Jones  to  Ashbel  Smith,  January  23,  1843 1084 

Charles  Elliot  to  Anson  Jones,  February  7,  1843 1088 

Sam  Houston  to  Charles  Elliot,  May  6, 1843 1089 

Anson  Jones  to  Ashbel  Smith,  May  8, 1843 1090 

Charles  Elliot  to  Anson  Jones,  June  10,  1843 1090 

Percy  W.  Doyle  to  Charles  Elliot,  May  27,  1843  (extract) 1091 

Anson  Jones  to  Charles  Elliot,  June  15, 1843 1092 

Anson  Jones  to  Ashbel  Smith,  June  15,  1843 1093 

Ashbel  Smith  to  Wm.  Henry  Daingerfield,  June  16,  1843 1094 

Ashbel  Smith  to  Anson  Jones,  June  16, 1843 1094 

Charles  Elliot  to  Anson  Jones,  June  18,  1843 1096 

Anson  Jones  to  Charles  Elliot,  June  28,  1843 1097 

Ashbel  Smith  to  Wm.  Henry  Daingerfield,  June  28,  1843 1098 

Ashbel  Smith  to  Anson  Jones,  July  2, 1843 1099 

Ashbel  Smith  to  Isaac  Van  Zandt,  January  25, 1843 1103 

Ashbel  Smith  to  Isaac  Van  Zandt,  January  25, 1843  (extract) 1107 

Ashbel  Smith  to  Anson  Jones,  July  3, 1843  (extract) 1108 

Ashbel  Smith  to  Wm.  Henry  Daingerfield,  July  6, 1843 1109 

Ashbel  Smith  to  Wm.  Henry  Daingerfield,  July  11,  1843 1110 

Ashbel  Smith  to  Wm.  Henry  Daingerfield,  July  17, 1843 1111 


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CONTENTS.  21 

GorreBpondence  with  Great  Britain — Continued.  Page. 

Aahbel  Smith  to  Anson  Jones,  July  21,  1843 1111 

Charles  Elliot  to  Anson  Jones,  July  24,  1843 1112 

Bases  of  Armistice  proposed  by  WoU,  July  25,  1843 1113 

Anson  Jones  to  Charles  Elliot,  July  30,  1843 1114 

Ashbel  Smith  to  Anson  Jones,  July  31, 1843 1116 

Charles  Elliot  to  Anson  Jones,  August  17,  1843 1120 

Anson  Jones  to  Ashbel  Smith,  August  20,  1843 1121 

Ashbel  Smith  to  Anson  Jones,  August  22,  1843 1122 

Baron  de  Cetto  to  Ashbel  Smith,  August  15,  1843 1122 

Ashbel  Smith  to  Baron  de  Cetto,  August  21, 1843 1123 

Charles  Elliot  to  Anson  Jones,  August  28,  1843 1123 

Anson  Jones  to  Charles  Elliot,  September  4,  1843 1124 

Anson  Jones  to  Charles  Elliot,  September  4,  1843 1125 

Charles  Elliot  to  Anson  Jones,  September  15,  1843 1127 

Anson  Jones  to  Charles  Elliot,  September  16,  1843 1128 

Anson  Jones  to  Charles  Elliot,  September  19,  1843 1129 

Ashbel  Smith  to  Anson  Jones,  September  20,  1843 1137 

Ashbel  Smith  to  Lord  Aberdeen,  August  10,  1843 1138 

Charles  Elliot  to  Anson  Jones,  September  28,  1843 1139 

Anson  Jones  to  Ashbel  Smith,  September  30,  1843 1140 

Charles  Elliot  to  Anson  Jones,  October  28,  1843 1142 

Charles  Elliot  to  Anson  Jones,  November  15,  1843 1143 

Ashbel  Smith  to  Anson  Jones,  November  29,  1843 1144 

Edwaid  Everett  to  Ashbel  Smith,  October  24,  1843 1144 

Ashbel  Smith  to  Edward  Everett,  October  31,  1843 1145 

Charles  Elliot  to  Anson  Jones,  January  4,  1844 1147 

Declaration  concerning  disposition  of  slaves  captured  on  Texan  vessels 

February  16, 1844 1147 

Anson  Jones  to  Charles  Elliot,  February  16,  1844 1148 

Anson  Jones  to  Charles  Elliot,  February  19,  1844 1149 

Charles  Elliot  to  Anson  Jones,  March  22,  1844 1150 

Charles  Elliot  to  Anson  Jones,  March  22,  1844 1151 

Ashbel  Smith  to  Anson  Jones,  June  18,  1844 1152 

Ashbel  Smith  to  Anson  Jones,  June  24,  1844 1153 

Anson  Jones  to  Ashbel  Smith,  July  14,  1844 1156 

Ashbel  Smith  to  Anson  Jones,  July  31,  1844 1158 

Holford  &  Co.  to  Ashbel  Smith,  undated 1159 

Holford  &  Co.  to  Ashbel  Smith,  July  21,  1842 1160 

Anson  Jones  to  Ashbel  Smith,  August  1,  1844 1160 

Ashbel  Smith  to  Anson  Jones,  September  27,  1844 1162 

Ashbel  Smith  to  Anson  Jones,  October  4,  1844 1164 

William  Kennedy  to  Anson  Jones,  October  21,  1844 1165 

Anson  Jones  to  G.  W.  Terrell,  October  29, 1844 1166 

Anson  Jones  to  William  Kennedy,  October  30,  1844 1167 

William  Kennedy  to  Anson  Jones,  November  8,  1844 1168 

John  Hall  to  William  Kennedy,  November  13,  1844 1168 

Ebenezer  Allen  to  William  Kennedy,  December  23,  1844 1169 

G.  W.  Terrell  to  Ashbel  Smith,  January  21,  1845 1170 

G.  W.  Terrell  to  Wm.  Henry  Daingerfield,  January  21,  1845 1173 

G.  W.  Terrell  to  Ashbel  Smith,  January  27,  1845 1175 

G.  W.  Terrell  to  Ashbel  Smith,  February  13,  1845 1177 

Charles  Elliot  to  Ashbel  Smith,  February  27,  1845 1181 

Receipt  of  Moore  for  Powder  bought  of  Chas.  Power,  December  6, 1841 1182 


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22  CONTENTS. 

('orro8i)oudence  with  Great  Britain — Continued.  Page. 

Bill  of  M(K)re  for  Powder  boufjht  of  (ha**.  Power,  December  6,  1841 1182 

G.  W.  Terrell  to  Wm.  Henry  Daingertield,  March  22,  1845 1183 

G.  W.  Terrell  to  Ashbel  Smith,  May  3,  1845 1185 

G.  W.  Terrell  to  Lord  Clarendon,  May  5,  1845 1186 

G.  W.Terrell  to  Ashbel  Smith,  May  9,  1845 1190 

LordClarendontoG.  W.Terrell,  May  10,  1845 1192 

Ebenezer  Allen  to  Ashbel  Smith,  May  10,  1845 1193 

Ashbel  Smith  to  Ebenezer  Allen,  May  17,  1845 1196 

Ashbel  Smith  to  Secretary  of  State  [Allen],  June  3,  1845 1198 

Ebenezer  Allen  to  Ashbel  Smith,  July  2,  1845 1199 

Ebenezer  Allen  to  Charles  Elliot,  July  10,  1845 1201 

Charles  Elliot  to  Ebenezer  Allen,  January  4,  1846 1203 

Lord  Aberdeen  to  Charles  Elliot,  December  3,  1845 1203 

Ebenezer  Allen  to  Charles  Elliot,  February  4,  1846 1204 

Correspondence  with  France — 

J.  Pinckney  Henderson  to  R.  A.  Irion,  June  2,  1838 1206 

J.  Pinckney  Henderson  to  Count  Mol^,  April  28,  1838 1206 

J.  Pinckney  Henderson  to  Count  Mol^,  May  26,  1838 1306 

Count  Mol6  to  J.  Pinckney  Henderson,  May  29,  1838 1207 

J.  Pinckney  Henderson  to  Count  Mol6,  June  1,  1838 1208 

R.  A.  Irion  to  J.  Pinckney  Henderson,  August  7,  1838 1217 

R.  A.  Irion  to  J.  Pinckney  Henderson,  September  7,  1838 1219 

J.  Pinckney  Henderson  to  R.  A.  Irion,  October  5;  1838 1220 

J.  Pinckney  Henderson  to  Count  Mol^,  August  16,  1838 1220 

J.  Pinckney  Henderson  to  Count  Mol6,  September  26,  1838 1221 

Count  Mol6  to  J.  Pinckney  Henderson,  September  30,  1838 1222 

J.  Pinckney  Henderson  to  Count  Mol^,  October  1,  1838 1224 

J.  Pinckney  Henderson  to  Secretary  of  State  [Irion],  October  28, 1838 1227 

J.  Pinckney  Henderson  to  R.  A.  Irion,  October  28,  1838  (extract) 1230 

J.  Pinckney  Henderson  to  Mirabeau  B.  Lamar,  October  28,  1838 1230 

J.  Pickney  Henderson  to  Secretary  of  State  [Irion],  November  12, 1838 1233 

Count  Mol6  to  J.  Pinckney  Henderson,  November  2, 1838 1234 

J.  Pinckney  Henderson  to  Count  Mol6,  November  7,  1838 1234 

J.  Pinckney  Henderson  to  Count  Mol6,  November  12, 1838 1236 

J.  Pinckney  Henderson  to  Secretary  of  State  [Irion],  November  23,  1838.  1238 
J.  Pinckney  Henderson  to  Secretary  of  State  [Bee],  January  26,  1839 

(extract) 1239 

J.  Pinckney  Henderson  to  Mirabeau  B.  Lamar,  February  26,  1839 1240 

J.  Pinckney  Henderson  to  Barnard  E.  Bee,  February  27,  1839 1241 

J.  Pinckney  Henderson  to  Barnard  E.  Bee,  March  10,  1839 1243 

Abb6  Anduz6  to  Mirabeau  B.  Lamar,  April  18,  1839 1244 

James  Webb  to  Abb6  Anduz6,  April  25,  1839 1245 

James  Webb  to  Admiral  Baudin,  April  25,  1839 1246 

J.  Pinckney  Henderson  to  James  Webb,  April  28,  1839  (extract) 1247 

J.  Pinckney  Henderson  to  James  Webb,  April  28,  1839 1249 

J.  Pinckney  Henderson  to  James  Webb,  May  14,  1839 1250 

J.  Pinckney  Henderson  to  Secretary  of  State  [Burnet],  June  13, 1839 1252 

Hamilton  and  Burnley  to  Mirabeau  B.  Lamar,  June  22,  1839 1254 

James  Hamilton  to  David  G.  Burnet,  June  22,  1839 1255 

J.  Pinckney  Henderson  to  Secretary  of  State,  July  26,  1839 1256 

J.  Pinckney  Henderson  to  Secretary  of  State,  July  26,  1839 1264 

J.  Pinckney  Henderson  to  Secretary  of  State  [Burnet],  August  5,  1839 1265 

Lewis  Cass  to  J.  Pinckney  Henderson,  August  3, 1839 1265 


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COKTENTS.  28 

Correspondence  with  Prance — (/outinuod.  Page. 

David  G.  Burnet  to  James  Hamilton,  August  10,  1839 1268 

J.  Pinckney  Henderson  to  David  G.  Burnet,  August  20,  1839 1268 

J.  Pinckney  Henderson  to  Secretary  of  State  [Burnet],  October  16,  1839. .  1271 

Abner  S.  Lipscomb  to  James  Hamilton,  February  24,  1840  (extract) 1276 

A.  de  Saligny  to  Abner  S.  Lipscomb,  March  6,  1840 1277 

James  Hamilton  to  Mirabeau  B.  Lamar,  March  24,  1840 1278 

A.  T.  Burnley  to  Mirabeau  B.  Lamar,  January  30,  1841 1280 

James  Hamilton  to  Abner  S.  Lipscomb,  February  1,  1841 1282 

James  Hamilton  to  M.  Guizot,  January  21,  1841 1285 

James  Hamilton  to  Abner  S.  Lipscomb,  February  7,  1841 1287 

James  Hamilton  to  Henry  Castro,  February  11,  1841 1288 

A.  de  Saligny  to  Secretary  of  State  [Mayfield],  February  19, 1841 1289 

James  S.  Mayfield  to  A.  de  Saligny,  February  20,  1841 1290 

A.  de  Saligny  to  James  S.  Mayfield,  February  21,  1841 1292 

James  S.  Mayfield  to  A.  de  Saligny,  February  22,  1841 1294 

Henry  J.  Jewett  to  James  S.  Mayfield,  February  22,  1841 1295 

A.  de  Saligny  to  James  S.  Mayfield,  February  23,  1841 1296 

James  S.  Mayfield  to  A.  de  Saligny,  February  23,  1841 1297 

A.  de  Saligny  to  James  S.  Mayfield,  February  24,  1841 1298 

James  S.  Mayfield  to  A.  de  Saligny,  February  25,  1841 1300 

A.  de  Saligny  to  James  S.  Mayfield,  February  28,  1841 1301 

James  Hamilton  to  Abner  S.  Lipscomb,  March  3, 1841 1302 

James  S.  Mayfield  to  A.  de  Saligny,  March  15,  1841 1302 

A .  de  Saligny  to  James  S.  Mayfield ,  March  21 ,  1841 1303 

Saligny*s  account  with  Bullock,  March  21,  1841 1305 

A.  de  Saligny  to  James  S.  Mayfield,  March  25,  1841 1306 

James  S.  Mayfield  to  A.  de  Saligny,  March  29,  1841 1308 

A.  de  Saligny  to  James  S.  Mayfield,  March  31,  1841 1316 

James  S.  Mayfield  to  Thos.  Gales  Forster,  April  3,  1841 1317 

James  S.  Mayfield  to  Wm.  Henry  Daingerfield,  April  3,  1841 1317 

James  S.  Mayfield  to  A.  de  Saligny,  April  5,  1841 1318 

James  S.  Mayfield  to  Geo.  S.  Mcintosh,  April  8,  1841 1321 

James  S.  Mayfield  to  Henry  J.  Jewett,  April  25,  1841 1322 

James  S.  Mayfield  to  Geo.  S.  Mcintosh,  May  12,  1841 1323 

Wm.  Sevey  to  James  S.  Mayfield,  March  29,  1841 1329 

James  H.  Starr  to  Wm.  Sevey,  August  4,  1840 1329 

Afladavit  of  James  Latham,  July  31,  1840 1329 

Receipt  of  James  Latham,  August  1,  1840 1330 

Thos.  Gales  Forster  to  James  S.  Mayfield,  April  4, 1841 1330 

Henry  J.  Jewett  to  James  S.  Mayfield,  February  24,  1841 1331 

Information  given  by  Henry  J.  Jewett  to  A.  Hutchinson,  February  22, 

1841 1332 

James  S.  Mayfield  to  Henry  J.  Jewett,  February  20,  1841 1332 

Warrant  for  arrest  of  Bullock,  February  22,  1841 1333 

Examination  of  witnesses  in  case  of  Bullock,  February  23,  1841 1334 

A.  Hutchinson  to  James  S.  Mayfield,  February  23,  1841 1335 

James  Hamilton  to  Mirabeau  B.  Laniar,  May  17,  1841 1336 

Nathaniel  Amory  to  James  Hamilton,  May  15,  1841 1338 

Nathaniel  Amory  to  Geo.  S.  Mcintosh,  May  30,  1841 1339 

Nathaniel  Amory  to  James  Hamilton,  May  30,  1841 1339 

James  Hamilton  to  James  S.  Mayfield,  July  16, 1841 1340 

James  Hamilton  to  M.  Guizot,  July  12,  1841 1341 

James  Hamilton  to  James  S.  Mayfield,  July  22,  1841 1343 


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24  CONTENTS. 

Correspondence  with  France — Continued.  Page. 

James  Hamilton  to  M.  Guizot,  July  21,  1841 1343 

Geo.  S.  Mcintosh  to  Secretary  of  State  [Roberts],  September  8,  1841 1344 

Geo.  S.  Mcintosh  to  M.  Guizot,  July  4,  1841 1344 

Geo.  S.  Mcintosh  to  M.  Guizot,  August  12,  1841 1348 

M.  Guizot  to  Geo.  S.  Mcintosh,  August  18, 1841 1349 

Geo.  S.  Mcintosh  to  M.  Guizot,  September  3,  1841 1350 

Samuel  A.  Roberts  to  Geo.  S.  Mcintosh,  September  26,  1841 1352 

Geo.  S.  Mcintosh  to  James  S.  Mayfield,  November  15,  1841 1353 

A.  de  Saligny  to  Anson  Jones,  January  16,  1842 1353 

Anson  Jones  to  George  S.  Mcintosh,  January  20,  1842 1354 

Anson  Jones  to  Ashbel  Smith,  February  5,  1842 1356 

Anson  Jones  to  A.  de  Saligny,  March  2,  1842 1357 

Ashbel  Smith  to  Anson  Jones,  March  15,  1842 1358 

Ashbel  Smith  to  Anson  Jones,  March  16,  1842 1359 

Document  from  French  consul  at  Vera  Cruz  respecting  property  of  M. 

Faure,  captured  by  Texan  squadron *. 1361 

A.  de  Saligny  to  Anson  Jones,  April  29,  1842 1362 

Alleye  de  Cyprey  to  A.  de  Saligny,  December  30,  1840 1363 

J.  Bte.  Sisosto  A.  Gloux,  December  16,  1840 1363 

A.  Gloux  to  Alleye  de  Cyprey,  December  19, 1840 1364 

Invoice  of  goods  shipped  on  Santa  Maria,  November  29, 1840 1365 

Declaration  of  Wyse  as  to  goods  shipped  on  Santa  Maria,  October  28, 1840.  1365 

Invoice  of  goods  shipped  on  Santa  Maria,  October  28,  1840 1366 

Wm.  Henry  Daingerfield  to  Secretary  of  State  [Jones],  May  17,  1842 1366 

A.  de  Saligny  to  Sam  Houston,  June  6, 1842 1368 

Memorandum  relative  to  Saligny 's  investments  in  Texan  bonds 1368 

Receipt  of  Charles  Demorse  for  money  on  deposit  received  from  Saligny, 

November  27,  1840 1369 

Statement  by  Saligny  respecting  ownership  of  money  deposited  with 

Charles  Demorse,  November  28,  1840 1370 

A.  de  Saligny  to  Anson  Jones,  June  7,  1842 1370 

Sam  Houston  to  A.  de  Saligny,  June  8,  1842 1370 

Anson  Jones  to  A.  de  Saligny,  June  8,  1842 1371 

A.  de  Saligny  to  Anson  Jones,  June  20,  1842 1372 

Ashbel  Smith  to  Geo.  S.  Mcintosh,  May  12,  1842 1374 

Ashbel  Smith  to  Theodore  Barbey,  May  13,  1842 1374 

Geo.  S.  Mcintosh  to  Ashbel  Smith,  May  18,  1842 1375 

Henry  Castro  to  Ashbel  Smith,  May  23,  1842 1375 

Ashbel  Smith  to  Geo.  S.  Mcintosh,  June  1,  1842 1376 

Henry  Castro  to  Ashbel  Smith,  June  4,  1842  (extract) 1377 

Henry  Castro  to  Ashbel  Smith,  June  12,  1842 1377 

Henry  Castro  to  Ashbel  Smith,  June  15,  1842 1377 

Theodore  Barbey  to  Ashbel  Smith,  June  28,  1842 1379 

Henry  Castro  to  Ashbel  Smith,  June  28,  1842 1380 

Geo.  S.  Mcintosh  to  Ashbel  Smith,  June  29,  1842 1380 

Ashbel  Smith  to  Theodore  Barbey,  June  30,  1842 1381 

Sam  Houston  to  Ashbel  Smith,  July  15,  1842 1381 

Ashbel  Smith  to  Anson  Jones,  August  1,  1842 1382 

Ashbel  Smith  to  Anson  Jones,  August  15,  1842 1383 

Ashbel  Smith  to  Anson  Jones,  August  31,  1842 1385 

Ashbel  Smith  to  M.  Guizot,  August  15,  1842 1387 

Ashbel  Smith  to  Anson  Jones,  October  21,  1842 1389 

Ashbel  Smith  to  Anson  Jones,  October  31,  1842 1390 


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CONTENTS.  25 

Correspondence  with  France — Continued.  Page. 

Aflbbel  Smith  to  Anaon  Jones,  November  2,  1842 1392 

Ashbel  Smith  to  Anson  Jones,  November  11,  1842 1393 

Ashbel  Smith  to  Anson  Jones,  November  12,  1842 1394 

Ashbel  Smith  to  Anson  Jones,  November  13,  1842 1395 

M.  Guizot  to  Ashbel  Smith,  August  22, 1842 1397 

Ashbel  Smith  to  M.  Guisot,  November  4, 1842 1397 

M.  Guizot  to  Ashbel  Smith,  November  8,  1842 1398 

Ashbel  Smith  to  M.  Guizot,  November  10, 1842 1399 

Ashbel  Smith  to  Anson  Jones,  November  30, 1842 1399 

G.  W.  Terrell  to  Ashbel  Smith,  December  10, 1842 1403 

Anson  Jones  to  Ashbel.Smith,  December  23,  1842 1405 

Anson  Jones  to  Ashbel  Smith,  December  26,  1842 1407 

Anson  Jones  to  Al.  Bourgeois,  December  26,  1842 1410 

Ashbel  Smith  to  Anson  Jones,  December  30,  1842 1410 

Ashbel  Smith  to  Anson  Jones,  January  11,  1843 1412 

Viscount  J.  de  Cramayel  to  Anson  Jones,  January  16,  1843 1413 

Ashbel  Smith  to  Anson  Jones,  January  28,  1843 1415 

Viscount  J.  de  Cramayel  to  Anson  Jones,  January  28, 1843 1417 

Anson  Jones  to  Viscount  J.  de  Cramayel,  February  9, 1843 1418 

Anson  Jones  to  Viscount  J.  de  Cramayel,  February  22, 1843 1421 

Secretary  of  State  [Jones]  to  Ashbel  Smith,  February  26,  1843 1422 

Viscount  J.  de  Cramayel  to  Anson  Jones,  March  — ,  1843 1424 

Ashbel  Smith  to  Anson  Jones,  March  31,  1843 1427 

Ashbel  Smith  to  Anson  Jones,  April  11,  1843 1431 

Ashbel  Smith  to  M.  Guizot,  February  19,  1843 1433 

M.  Guizot  to  Ashbel  Smith,  February  28,  1843 1434 

Ashbel  Smith  to  M.  Guizot,  March  6, 1843 1434 

Ashbel  Smith  to  M.  Guizot,  March  30,  1843 1435 

M.  Guizot  to  Ashbel  Smith,  April  8,  1843 1436 

Ashbel  Smith  to  M.  Guizot,  April  [4],  1843 1437 

Ashbel  Smith  to  Anson  Jones,  April  15,  1843 1438 

Ashbel  Smith  to  Anson  Jones,  April  27,  1843 1441 

M.  Guizot  to  Ashbel  Smithy  undated i 1442 

Ashbel  Smith  to  M.  Guizot,  April  25,  1843 1443 

Henry  Castro  to  Ashbel  Smith,  March  5,  1843 1444 

Ashbel  Smith  to  Henry  Castro,  March  23,  1843 1444 

Sam  Houston  to  Viscount  J.  de  Cramayel,  May  6,  1843 1445 

Anson  Jones  to  Viscount  J.  de  Cramayel,  May  17, 1843 14l5 

Viscount  J.  de  Cramayel  to  Anson  Jones,  June  10,  1843 1447 

Wm.  Henry  Daingerfield  to  Ashbel  Smith,  June  12,  1843 1448 

Anson  Jones  to  Viscoimt  J.  de  Cramayel,  June  15,  1843 1448 

Ashbel  Smith  to  Anson  Jones,  June  16,  1843 1449 

M.  Guizot  to  Ashbel  Smith,  April  28,  1843 1450 

M.  Guizot  to  Ashbel  Smith,  May  8,  1843 1451 

Wm.  Henry  Daingerfield  to  Ashbel  Smith,  June  17,  1843 1451 

Anson  Jones  to  Ashbel  Smith,  June  21, 1843 1452 

James  Hamilton  to  Anson  Jones,  June  27, 1843 1453 

A.  Somervell  to  M.  C.  Hamilton,  June  27, 1843 1455 

Wm.  Henry  Daingerfield  to  Anson  Jones,  June  28,  1843 1456 

Viscount  J.  de  Cramayel  to  Anson  Jones,  July  20,  1843 1458 

Wm.  Henry  Daingerfield  to  Secretary  of  State  Jones,  July  31,  1843 1458 

Ashbel  Smith  to  Anson  Jones,  August  15,  1843 1460 

Ashbel  Smith  to  M.  Guizot,  August  23,  1843 1461 


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S6  CONTENTS. 

Correspondence  with  France — Continued.  l>agA. 

Asbbel  Smith  to  Anson  Jones,  September  19,  1843 1462 

Viscount  J.  de  Cramayel  to  Anson  Jones,  September  30,  1843 1464 

Sam  Houston  to  Anson  Jones,  October  6,  1843 .: 1467 

Ashbel  Smith  to  Anson  Jones,  October  14,  1843 1467 

Al.  Bourgeois  to  Ashbel  Smith,  October  8,  1843 1468 

Charles  de  Castell  to  Al.  Bourgeois,  September  26,  1843 1469 

Ashbel  Smith  to  Al.  Bourgeois,  October  3, 1843 1470 

Anson  Jones  to  Viscount  J.  de  Cramayel,  October  20,  1843 1471 

Ashbel  Smith  to  Anson  Jones,  October  30, 1843 1472 

Wm.  Henry  Daingerfield  to  Ashbel  Smith,  November  8, 1843 1474 

Ashbel  Smith  to  Anson  Jones,  December  30, 1843 1476 

Ashbel  Smith  to  Anson  Jones,  January  29, 1844 1478 

Ashbel  Smith  to  Anson  Jones,  February  26, 1844 1479 

•Anson  Jones  to  Ashbel  Smith,  March  26, 1844 1482 

Ashbel  Smith  to  Anson  Jones,  May  6, 1844 1483 

Ashbel  Smith  to  Anson  Jones,  June  2, 1844 1485 

Ashbel  Smith  to  Anson  Jones,  August  13, 1844 1488 

Ashbel  Smith  to  Anson  Jones,  October  16, 1844 1489 

Ashbel  Smith  to  Anson  Jones,  November  13, 1844 1490 

M.  Guizot  to  Anson  Jones,  December  4, 1844 1492 

A.  de  Saligny  to  Ashbel  Smith,  March  4, 1845 1492 

Ashbel  Smith  to  A.  de  Saligny,  March  13, 1845 1493 

G.  W.  Terrell  to  Ashbel  Smith,  March  18, 1845 1494 

Terrell's  address  to  the  King  of  France,  undated 1496 

Reply  of  the  King  of  France  to  Terrell's  address,  undated 1497 

G .  W.  TerreU  to  M.  Guizot,  March  15, 1845 1498 

Ashbel  Smith  to  A.  de  Saligny,  March  21, 1845 1503 

A.  de  Saligny  to  Ebenezer  Allen,  January  14, 1846 1504 

Ebenezer  Allen  to  A.  de  Saligny,  February  10, 1846 1505 

Correspondence  with  Spain — 

Ashbel  Smith  to  Washington  Irving,  September  7, 1842 1507 

Ashbel  Smith  to  Anson  Jones,  September  8, 1842 1508 

Ashbel  Smith  to  General  Sancho,  September  7, 1842 1512 

Anson  Jones  to  Ashbel  Smith,  February  16, 1843 1514 

Ashbel  Smith  to  Martinez  de  La  Rosa,  February,  1844 1516 

Correspondence  with  Prussia — 

Wm.  Henry  Daingerfield  to  Lachlin  M.  Rate,  January  26, 1845 1519 

Wm.  Hienry  Daingerfield  to  Baron  Roenne,  January  27, 1845 1520 

Wm.  Henry  Daingerfield  to  G.  W.  Terrell,  February  5, 1845 1521 

Correspondence  with  Belgium — 

James  Hamilton  to  Abner  S.  Lipscomb,  September  10, 1840 1524 

James  Hamilton  to  Abner  S.  Lipscomb,  January  4, 1841 1525 

James  Hamilton  to  Secretary  of  State  [Roberts],  November  3,  1841 1527 

Anson  Jones  to  Victor  Pirson,  March  4, 1842 1528 

Wm.  Henry  Daingerfield  to  Anson  Jones,  May  16, 1843 1529 

Wm.  Henry  Daingerfield  to  Count  d' Alviella,  December  14, 1843 1530 

Correspondence  with  the  Netherlands — 

James  Hamilton  to  Abner  S.  Lipscomb,  July  3, 1840 1531 

Abner  S.  Lipscomb  to  James  Hamilton,  September  15,  1840 1532 

James  Hamilton  to  Abner  S.  Lipscomb,  October  3, 1840 1532 

Anson  Jones  to  Wm.  Henry  Daingerfield,  March  26, 1842 1533 

Anson  Jones  to  James  Hamilton,  June  4, 1842 1534 

Anson  Jones  to  Wm.  Henry  Daingerfield,  January  20, 1843 1534 


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Correspondence  with  the  NetherhindB — Continued.  Paga 

Wm.  Henry  Daingerfield  to  Anson  Jones,  November  12, 1843 1537 

Henry  Castro  to  Anson  Jones,  October  25, 1843 1540 

Anson  Jones  to  Wm.  Henry  Daingerfield,  July  14, 1844 1542 

Wm.  Henry  Daingerfield  to  Lachlin  M.  Rate,  December  12, 1844 1543 

Correspondence  with  the  Hanse  Towns — 

Wm.  Henry  Daingerfield  to  Anson  Jones,  February  3, 1843 1545 

Anson  Jones  to  Wm.  Henry  Daingerfield,  February  20, 1843 1546 

Memorandum  of  Daingerfield,  September  9, 1843 1547 

Wm.  Henry  Daingerfield  to  Anson  Jones,  September  25, 1843 1548 

Wm.  Henry  Daingerfield  to  V.  Rumpff,  January  5, 1844 1553 

Wm.  Henry  Daingerfield  to  Ashbel  Smith,  February  14, 1844 1554 

Wm.  Henry  Daingerfield  to  V.  Rumpff,  March  17, 1844 1555 

Wm.  Henry  Daingerfield  to  V.  Rumpff,  March  27,  1844 1556 

Wm.  Henry  Daingerfield  to  Anson  Jones,  April  20, 1844 1557 

AI.  BourgeoistoSecretary  of  State  [Jones],  April  20, 1844 1561 

Convention  of  Friendship,  Commerce,  and  Navigation  between  the  Repub- 
lic of  Texas  and  the  Hanseatic  Republics  of  Lubeck,  Bremen,  and  Ham- 
burg, April  17,  1844 1563 

Wm.  Henry  Daingerfield  to  Anson  Jones,  April  22, 1844 1569 

Wm.  Henry  Daingerfield  to  Anson  Jones,  July  28, 1844 1570 

Wm.  Henry  Daingerfield  to  Senator  Gildmeister,  December  21,  1844 1573 

R.  Sieveking  to  Wm.  Henry  Daingerfield,  January  13, 1845 1574 

Wm.  Henry  Daingerfield  to  G.  W.  Terrell,  January  14, 1845 1574 

Ashbel  Smith  to  Wm.  Henry  Daingerfield,  February  13, 1845 1576 

Wm.  Henry  Daingerfield  to  Ebenezer  Allen,  July  1, 1845 1577 

Wm.  Henry  Daingerfield  to  Ashbel  Smith,  July  1, 1845 1579 

Wm.  Henry  Daingerfield  to  R.  Sieveking,  October  1, 1845 1582 

Wm.  Henry  Daingerfield  to  Ebenezer  Allen,  February  2,  1846 1582 

Correspondence  with  the  Papal  States 1583 

Addenda  and  Corrigenda 1586 

Index,  Parts  I  and  II 1591 


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rN-TEODUOTIOK 

In  editing  Part  II  of  the  Diplomatic  Correspondence  of  the  Republic 
of  Texas,  the  same  difficulties  which  appeared  in  deaUng  with  Part 
I  have  manifested  themselves  with  much  greater  intensity,  and 
to  them  have  been  added  some  new  ones.  The  effort  to  restore 
the  original  grouping  has  been  especially  difficult.  In  the  files, 
inclosures  have  generally  been  found  separate  from  the  letters  with 
which  they  were  transmitted  and  placed  in  order  of  dates-;  and,  in 
the  records,  though  they  frequently  indicate  the  arrangement  of  the 
communications  and  other  matter  as  sent  or  received,  there  is  some- 
times such  confusion  that  they  become  utterly  useless  for  the  pur- 
pose. Besides  this,  some  of  the  letters  received,  both  those  sent 
independently  and  those  inclosed  with  others,  have  been  taken  out 
of  the  "diplomatic"  correspondence  and  filed  with  other  series  in 
the  archives,  such  as  *' colonization,"  "financial  affairs,"  "army 
papers,"  etc.;  and  the  task  of  discovering  them  and  returning  them 
to  their  places  in  the  correspondence  has  not  been  easy.  It  is  hoped, 
however,  that,  while  a  httle  doubt  remains  in  some  cases,  the  endeavor 
to  restore  the  original  arrangement  has  been  fairly  successful. 

The  principal  aim,  both  in  the  arrangement  of  the  letters  and  in 
the  annotations,  has  been  to  throw  as  much  light  as  possible  on  the 
internal  relations  of  the  Correspondence.  In  this  way,  it  is  believed, 
will  the  publication  of  it  be  given  the  highest  degree  of  value  for 
the  investigator.  The  external  relations,  which  can  be  so  much 
more  easily  worked  out  by  readers  unable  to  reach  the  Texan  archives 
but  with  fair  library  facilities  available,  have  received  much  less 
attention. 

Part  n  has  been  a  little  more  liberally  edited  than  Part  I.  Errors 
in  the  original  documents  that  are  evidently  the  result  of  pure 
inadvertence  have  been  corrected,  with  notes  where  they  have 
seemed  important  enough  to  call  for  it,  but  frequently  without. 
The  supposition  of  inadvertence  in  the  case  of  errors  in  the  use  of 
French  and  Spanish  accents  has  been  made  wherever  there  seemed  to 
be  room  for  it.  But  errors  in  this  respect  or  any  other  that  appear 
to  be  habitual  or  due  to  want  of  information  have,  as  a  general 
rule,  been  reproduced,  or  corrected  only  with  annotations.  More 
freedom  has  been  used  in  editing  copies  that  there  is  reason  to  sus- 
pect as  corrupt  than  originals  and  copies  that  appear  to  be  trust- 
worthy. 


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30  INTRODUCTION. 

The  classification  of  the  correspondence  has  been  by  subject 
matter  rather  than  by  the  diplomatic  office  or  location  of  the  writer. 
Letters  dealing  with  Spanish  relations,  for  example,  are  placed 
in  the  correspondence  with  Spain,  even  though  written  by  or  to  the 
Texan  charge  to  Great  Britain  and  France. 

The  system  of  reference  for  inclosures,  leading  from  the  title 
to  the  letter  with  which  the  inclosure  came,  and  thence  sometimes 
to  the  calendar  or  another  division  of  the  correspondence,  may 
now  and  then  try  the  patience  of  the  reader;  but  it  has  been  adopted 
as  that  which  will  throw  the  clearest  light  on  the  history  and  the 
relations  of  each  letter. 

Before  reaching  final  conclusions  in  the  study  of  Part  I,  the  reader 
should  compare  the  corrections  and  further  annotations  and  the  list 
of  addenda  for  Part  I  given  in  Part  II. 

The  diplomatic  relations  of  Texas  with  the  European  powers 
began  in  1837,  with  the  sending  of  J.  Pinckney  Henderson  on  a  mis- 
sion to  Great  Britain  and  France.  He  had  letters  of  credence  both 
as  agent  and  as  minister  plenipotentiary  to  Great  Britain,  and  pre- 
sumably also  to  France.**  He  reached  London  in  October.  The 
efforts  to  establish  relations  with  Spain,  Belgium,  the  Netherlands, 
the  Hanse  Towns,  and  Prussia  were  made  partly  by  the  ministers  in 
Great  Britain  and  France,  and  partly  by  special  chargfe.  May  20, 
1839,  James  Hamilton  was  sent  to  act  as  joint  agent  of  Texas  with 
Henderson,  both  in  England  and  France,  and  on  April  18,  1840,  he 
was  appointed  Texan  diplomatic  commissioner  to  the  Netherlands, 
and  at  the  same  time  received  a  second  commission  empowering  him 
to  treat  with  both  the  Netherlands  and  Belgium.  January  20,  1843, 
William  H.  Daingerfield  was  commissioned  as  charg6  d'affaires  to 
the  Netherlands,  Belgium,  and  the  Hanse  Towns.  While  on  his  mis- 
sion he  visited  Vienna  and  Berlin  also,  and,  in  fact,  undertook  some 
correspondence  to  ascertain  through  official  sources  the  attitude 
of  Prussia  towards  Texas.  In  1842,  Ashbel  Smith,  then  chargfi 
d'affaires  to  Great  Britain  and  France,  tried  to  open  the  way  for 
formal  negotiations  with  Spain  by  a  correspondence  with  General 
Sancho,  Spanish  minister  to  Great  Britain,  and  Washington  Irving, 
United  States  minister  to  Spain,  but  nothing  came  of  it;  nor  did 
Smith  nor  George  W.  Terrell,  who  was  commissioned  as  Texan 
minister  to  Spain  in  1846,  visit  Madrid  at  all. 

Strenuous  efforts  were  made  by  the  Texan  government  during 
Lamar's  administration  to  estabUsh  amicable  relations  with  Mexico. 
On  February  20,  1839,  Barnard  E.  Bee  was  commissioned  both  as 
agent  and  as  minister  plenipotentiary  of  Texas  to  Mexico.  He  went 
toVeraCmz  in  May;  but  the  Mexican  government  refused  to  receive 

a  No  copies  of  his  letters  of  credence  to  France  have  been  found,  but  they  doubtless  had  the  same  fbnn 
as  those  to  Great  Britain. 


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INTRODUCTION.  31 

him,  and  he  got  no  further.  On  August  9,  of  the  same  year,  James 
Treat  was  appointed  private  and  confidential  agent  of  Texas  to 
Mexico.  He  reached  Mexico  in  December,  183^,  and  remained  until 
November,  1840.  On  March  20,  1841,  James  Webb  received  com- 
missions similar  to  those  which  had  been  given  to  Bee.  He  went 
to  Vera  Cruz  in  May,  but  was  not  allowed  to  proceed  to  Mexico. 

On  July  20,  1841,  President  Lamar  wrote  the  governor  of  Yucat&n, 
which  was  then  in  a  state  of  insurrection  against  the  central  govern- 
ment of  Mexico,  inviting  him  to  send  an  agent  to  Texas  with  a  view 
to  the  establishment  of  relations  of  amity  and  commerce  between  the 
two  countries.  The  result  was  a  sort  of  miUtary  convention  by 
which  the  fleet  of  Texas  was  subsidized  to  operate  against  Mexico  on 
behalf  of  both  Texas  and  Yucat4n,  but  no  treaty  was  concluded. 

First  after  the  United  States  to  accord  recognition  to  the  RepubUc 
of  Texas  was  France.  This  was  done  by  a  treaty  of  amity,  commerce, 
and  navigation  concluded  September  26,  1839,  and  ratified  February 
14,  1840.  A  similar  treaty  between  Great  Britain  and  Texas  was 
signed  November  13,  1840;  a  convention  for  British  mediation 
between  Mexico  and  Texas,  on  November  14;  and  a  treaty  for  the  sup- 
pression of  the  African  slave  trade,  on  November  16.  For  reasons 
which  need  not  be  detailed  here,  the  ratifications  of  these  three 
treaties  were  not  exchanged  till  June  28,  1842.  A  commercial  treaty 
with  the  Netherlands  was  signed  September  18,  1840,  and  ratified 
June  15,  1841.  A  convention  of  amity,  commerce,  and  navigation 
with  the  Ilanse  Towns  was  concluded  April  17,  1844,  and  was  later 
ratified  by  the  Senate  of  Bremen;  but,  doubtless  b^ause  of  the  near 
prospect  of  annexation,  it  seems  never  to  have  been  acted  on  by  the 
Senate  of  Texas.  No  treaty  was  concluded  with  Spain  or  Belgium. 
In  April,  1838,  before  Texas  was  formally  recognized,  an  agreement 
was  effected  with  the  British  Government  whereby  Texan  vessels 
were  admitted  to  the  ports  of  Great  Britain  as  those  of  Mexico;  and  a 
resolution  adopted  by  the  senate  of  Bremen  on  August  9,  1843,  pro- 
vided for  the  admission  of  Texan  vessels  to  the  ports  of  Bremen  on 
the  same  terms  as  to  port  charges  and  duties  as  the  ships  of  Bremen 
on  condition  of  a  reciprocal  arrangement  by  Texas. 

Of  course,  until  the  ratification  of  the  various  treaties  mentioned, 
the  negotiations  with  the  countries  with  which  they  were  made  was 
on  a  more  or  less  informal  basis.  Aft^  those  with  Great  Britain 
and  France  were  ratified,  charges  were  sent  to  Texas  by  both  these 
nations;  but  no  other  had  a  diplomatic  representative  to  that  repub- 
Uc  at  any  time.**  The  only  charg6  sent  by  Great  Britain  was  Charles 
EUiot,  whose  letter  of  credence  was  dated  June  28,  1842,  and  who 

«  There  is  good  reason  to  believe  that  Mr.  7.  T.  Crawford,  who  visited  Texas  in  April,  1837,  came  as  a  secret 
agent  of  Qieat  Britain  to  report  on  its  civil  and  political  condition.  Count  de  Saligny  undertook  a  similar 
mission  for  France  early  in  1839,  and  Capt.  Victor  Pirson  came  openly  as  the  agent  of  Belgium  in  1842. 
None  of  these,  however,  appears  to  have  had  any  dlplomatlo  authority. 


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32  nwpRODUonoN. 

reached  Texas  in  August,  and  remained  till  the  eve  of  annexation. 
The  first  charge  of  France  was  Count  A.  de  Saligny,**  who  was  accred- 
ited October  2,  1839,  and  reached  Texas  m  February,  1840.  He 
left  Texas  in  March,  1841,  but  returned  for  a  brief  period  in  1842. 
Towards  the  end  of  that  year,  he  was  succeeded  by  "Viscount  J.  de 
Cramayel.  Some  two  years  later,  Cramayel  left  Texas  and  Saligny 
returned.  This  time  he  continued  in  the  capacity  of  charg6  until  the 
mission  was  ended  by  annexation. 

The  letters  printed  in  Part  II  have  been  taken  mainly  from  the 
file  of  originals  received  and  copies  kept  of  letters  sent  from  Texas, 
and  from  the  transcripts  in  the  books  of  the  Department  of  State. 
Book  55,  from  which  some  of  them  were  obtained,  is  evidently  the 
original  kept  by  Daingerfield  for  his  missions  to  the  Netherlands, 
Belgium,  and  the  Hanse  Towns.  It  is,  however,  the  only  book  from 
any  of  the  Eiuropean  legations  that  has  been  found  in  the  Texan 
archives.  That  it  was  brought  to  Texas  and  delivered  to  the  Secre- 
tary of  State  is  shown  by  the  letter  of  Daingerfield  to  Allen,  February 
2,  1846;  and  its  contents  place  its  identity  beyond  question. 

Just  as  this  part  was  ready,  as  the  editor  thought,  to  send  to  press, 
a  considerable  mass  of  the  correspondence  was  found  in  books  which 
had  not  been  suspected  of  containing  it.  The  reasons  why  it  had 
escaped  discovery  are  that  the  mass  of  matter  in  the  books  is  so  great 
and  the  indexes  so  imperfect.  The  indexes  are,  in  fact — ^where  they 
exist  at  all — often  worse  than  useless,  in  that  they  are  misleading. 
Many  of  the  letters  in  the  newly  discovered  group  belong  to  the 
period  of  Correspondence  with  the  United  States  covered  by  Part  I. 
They  make  it  possible,  in  some  cases  and  to  a  certain  extent,  to  fdi- 
low  both  sides  of  the  correspondence  where  the  letters  already  pub- 
lished had  given  but  one.  While  the  editor  does  not  feel  absolutely 
certain  that  some  letters  may  not  still  Kave  evaded  his  search, 
he  hopes  that  little  of  importance  preserved  in  the  Texan  archives 
and  properly  to  be  included  in  the  correspondence  now  remains 
impublished. 

The  editor  is  under  special  obligations  to  State  Librarian  E.  W. 
Winkler,  who  several  years  ago  gave  the  Correspondence  here  printed 
its  first  approach  toward  rational  and  useful  arrangement,  and  con- 
sequent availability  for  the  student.  Mr.  Winkler's  minute  knowl- 
edge of  the  Texan  archives  and  of  southwestern  history  in  general 
have  made  his  freely  rendered  assistance  of  the  highest  value.  Grate- 
ful acknowledgment  is  made  also  to  instructors  Walton  H.  Hamilton 
and  J.  L.  Worley,  of  the  University  of  Texas,  for  help  in  verifying 
and  arranging  the  copies;  to  Profs.  Lilia  M.  Casls  and  E.  J.  Villavaso, 
also  of  this  university,  for  verifying,  respectively,  the  Spanish  and 

o  Thus  written  by  himself.    The  name  is  usually  given  in  official  documents  fmanating  trom  the  Freocli 
Government  as  "Dubois  de  Saligny." 


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INTRODUCTION.  33 

French  letters;  and  to  Mr.  C.  T.  Neu,  fellow  in  history  in  the  same 
institution  for  1908-09,  and  now  teacher  of  history  in  the  high  school 
at  Greenville,  Tex.,  for  help  in  various  details,  and  especially  in  the 
preparation  of  the  Calendars. 

George  P.  Garrison, 

Unwersity  of  Texas. 


Note. 


Washington,  D.  C,  December  24,  1910. 

The  Commission  suffered  a  severe  loss  in  the  death  of  Professor 
George  P.  Garrison  during  the  progress  of  this  work.  Professor 
Garrison  died  in  July,  1910,  before  reading  a  single  page  of  the  proof 
of  this  second  part  of  the  "Diplomatic  Correspondence  of  Texas." 
The  labor  of  proof-reading,  therefore,  fell  upon  others,  who  did  not 
possess  the  special  knowledge,  experience,  and  full  equipment  enjoyed 
by  him.  This  has  occasioned  some  delay,  and  may  have  resulted  in 
some  inaccuracy. 

Professor  Garrison  had  for  years  been  preparing  the  material  for 
these  volumes,  and,  fortunately,  left  it  in  very  good  shape  for  pub- 
lication. So  far  as  the  collation  of  the  text  is  concerned,  he  gave 
assurances  of  completeness  and  accuracy.  The  list  of  material 
already  published  was  prepared  by  him,  and  he  left,  to  be  used  with 
the  documents  as  they  were  published,  notes  explaining  and  illus- 
trating the  subject.  These  have  been  inserted  in  the  places  desig- 
nated by  him.    The  volume  practically  stands  as  his  labor. 

The  proof-reading  has  been  done  by  Miss  Catharine  Bowes,  Miss 
Georgia  Sanderlin,  and  Miss  Bertha  M.  Emerson.  The  Commission 
acknowledges  the  courteous  assistance  of  Professor  Eugene  C.  Barker^ 
of  the  University  of  Texas. 

39728'— VOL  2,  pt  1—11 3 


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TEXAN  DIPLOMATIC  CORRESPONDENCE  WITH  THE  UNITED  STATES,  1843 
TO  1846  (WITH  ADDITIONAL  LETTERS,  1835-1842),  WITH  MEXICO  AND 
YUCATAN,  AND  WITH  GREAT  BRITAIN  AND  THE  EUROPEAN  STATES. 


CALENDAR  OF  CORRESPONDENCE  HITHERTO 

ADDENDA  TO  CORRESPONDENCE  WITH  THE   UNITB|>  STATES,   1835  TO  1846.« 

Burnley  to  Jones;  Gc\iii^\l,  18$3  i| extract).: .  F&U)ire*ta  secure  loan  in  the  United 
States.    Jones,  Meoldrahda'and  Official  Correspondence,  143. 

Williams  to  Jones,  March  11, 1839  (extract).  Negotiations  for  a  loan  in  the  United 
States.    Jones,  Memoranda  and  Official  Correspondence,  145-146. 

Reily  to  Jones,  November  10, 1844  (extract) .  Fears  that  annexation  will  be  delayed 
several  years.    Jones,  Memoranda  and  Official  Correspondence,  396-397. 

DonelBon  to  Allen,  December  10,  1844.  Measures  adopted  by  United  States  to 
guard  interests  of  Texas  in  case  of  renewal  of  war  by  Mexico  because  of  annexation. 
Senate  Journal,  9th  Tex.  Cong.,  191-195. 

Allen  to  DonelBon,  December  13, 1844.  Attitude  of  Texas  toward  delay  of  annexa- 
tion and  opposition  of  United  States  to  Mexican  method  of  prosectlting  war  against 
Texas.    Senate  Journal,  9th  Tex.  Cong.,  195-197. 

Kaufman  to  Jones,  September  30,  1845  (extract).  Discusses  his  position  as  Texan 
chaig6  to  the  United  States.  Jones,  Memoranda  and  Official  Correspondence,  495- 
496. 

Kaufman  to  Jones,  November  3,  1845  (extract).  Announces  his  return  to  Texas. 
Jones,  Memoranda  and  Official  Correspondence,  503-504. 

CORRESPONDENCE  WPTH  MEXICO. 

Santa  Anna  to  Filisola,  April  22,  1836  [No.  1].  Announces  his  defeat  and  capture, 
and  gives  orders  for  the  withdrawal  of  Filisola  and  Gaona  to  Bexar,  and  of  Urrea  to 
Guadalupe  Victoria.  Telegraph  and  Texas  Register  (Houston),  August  23  and  Sep- 
tember 6,  1836;  Niles'  R^ter,  L,  337. 

Santa  Anna  to  Filisola,  April  22, 1836  [No.  2].  Directs  that  no  damage  be  done  prop- 
erty of  citizens  of  Texas.    Telegraph  and  Texas  Register,  September  6, 1836. 

Santa  Anna  to  Filisola,  April  22,  1836  [No.  3].  Orders  that  prisoners  taken  at 
C6pano  be  sent  to  San  FeHpe.    Tel^raph  and  Texas  Register,  September  6, 1836. 

Filisola  to  Santa  Anna,  April  28, 1836.  Cessation  of  hostilities  in  obedience  to  Santa 
Anna's  orders  concerning  the  armistice.  Property  will  be  respected.  Deplores  past 
plundering.    Niles'  Register,  L,  337. 

Santa  Anna  to  Filisola,  May  14,  1836  (extract).  Orders  that  the  treaty  of  May  14, 
1836,  between  Burnet  and  himself  be  complied  with.  Niles'  Register,  L,  413;  Tele- 
graph and  Texas  R^:i8ter,  August  23,  1836. 

Filisola  to  Santa  Anna,  May  25,  1836.  Promises  obedience  to  terms  of  agreement 
between  Santa  Anna  and  Houston.    Telegraph  and  Texas  Roister,  August  23,  1836. 

Santa  Anna  to  Burnet,  June  9, 1836.  Protests  against  violation  of  Treaty  of  May  14, 
1836,  with  respect  to  his  own  treatment,  to  that  of  Woll,  and  to  the  failure  to  exchange 

a  See  the  calendar  of  correspondenoe  with  the  United  States,  1835-1845,  hitherto  printed,  in  Part  I, 
paflet  25-40. 

35 


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36  AMEBIOAN  HISTOBICAIi  ASSOCIATION. 

priflonen.  Niles'  Register,  LI,  191;  Telegraph  and  Texas  Register,  October  4, 1836, 
and  March  23, 1842;  Austin  City  Gazette,  March  30,  1842. 

Burnet  to  Santa  Anna,  June  10, 1836.  Answers  protest  of  Santa  Anna  in  his  letter  of 
June  9,  1836.  Niles'  Register,  LI,  191;  Telegraph  tod  Texas  Register,  October  4, 
1836. 

Jackson  to  Santa  Anna,  September  4,  1836.  United  States  believes  that  nations 
have  the  right  to  change  their  governments  as  the  people  may  dictate,  and  refuses  to 
interpose  in  affairs  of  Mexico  and  Texas  over  the  protest  of  Mexico.  Niles'  Register, 
LI,  336. 

Lamar  to  Citizens  of  Santa  F^,  Aptsl  U,  }8^.  Announces  entry  of  Texas  among 
the  ^unily  of  nations  as  a  free  Republic,  mvitSi  p^ple  df  Santa  F6  to  share  blessings  of 
liberty,  and  promises  to  send  Commissioners  to  cement  union  between  Texas  and 
Santa  F6.  ;  House  JoumsJ,  Sth  Tex.  O^yog.,  Appendix.  X48^150|  Journal  of  Consulta- 
tion, Addrebs  of  Lamar  to  Ciii*wis  of  Santa*  ?^.  12-r4..*  ;.•*'. 

Lipscomb  to  Hamilton  and  Burnley,  July  7,  1840.  *  Discusses  relations  between 
Mexico  and  Texas  and  between  Mexico  and  Yucatan.  House  Journal,  5th  Tex.  Cong. , 
Appendix,  281-284. 

Santa  Anna  to  Houston,  November  5, 1836.  Uiges  importance  of  Santa  Anna  going 
in  person  to  Washington  to  secure  the  mediation  of  the  United  States  in  settlement  of 
boundary  question  between  Mexico  and  Texas.  Niles'  Register,  LXII,  115;  The 
Red-Lander  (San  Augustine,  Texas),  April  14,  1842  (extract). 

Wright  to  Lamar,  March  18,  1841  (extract).  Makes  chaige  against  Houston  for 
acceptance  of  a  bribe  for  the  release  of  Santa  Anna.  The  Red-Lander,  September  29, 
1842. 

Arista  to  Lamar,  April  21, 1841.  States  that  the  expedition  which  is  to  set  out  from 
the  Rio  Grande  is  for  the  purpose  of  punishing  the  Indians,  and  not  intended  to  attack 
the  Texans.    Quarterly  of  the  Texas  State  Historical  Association,  VII,  173-174. 

Lamar  to  Inhabitants  of  Santa  F^,  and  other  portions  of  Mexico  East  of  the  Rio 
Grande  River,  June  5,  1841.  Calls  attention  to  his  letter  of  April  14,  1840,  repeats 
invitation  then  given,  explains  advantages  of  a  union  between  Texas  and  Santa  F6 
region,  and  announces  appointment  of  commissioners  to  e£fect  this  union.  Journal  of 
Consultation,  Address  of  Lamar  to  Citizens  of  Santa  F6,  3-12. 

Bee  to  Santa  Anna,  December  27,  1841.  Does  not  believe  that  Texas  can  be  con- 
quered by  Mexico,  as  the  people  of  the  Mississippi  will  give  Texas  aid,  and  hopes  that 
Santa  Anna  will  treat  well  the  prisoners  taken  in  the  Santa  F6  expedition.  Mexico  in 
1842,  p.  215;  Niles'  Register,  LXII,  49;  Telegraph  and  Texas  Register,  March  23, 
1842. 

Hamilton  to  Santa  Anna,  January  13, 1842.  Hamilton  is  commissioned  by  Texas  to 
treat  with  Mexico  for  the  recognition  of  Texan  independence.  Proposes  peace  on 
condition  of  an  indemnity  of  $5,000,000  to  be  paid  by  Texas  to  Mexico.  Mexico  in 
1842,  p.  220;  Niles'  Register,  LXII,  50;  Telegraph  and  Texas  R^ter,  March  23, 
1842;  Austin  City  Gazette,  March  30,  1842. 

Santa  Anna  to  Bee,  February  6,  1842.  Thanks  Bee  for  past  favors.  Mexico  must 
keep  Texas.  A  freak  of  fortune  alone  has  given  Texas  a  victory.  The  prisoners  taken 
will  be  treated  according  to  generally  recognized  principles.  Mexico  in  1842,  p.  216; 
Nilee'  Register,  LXII,  50;  Tel^raph  and  Texas  Register,  March  23, 1842. 

Santa  Anna  to  Hamilton,  February  18, 1842.  Hamilton,  as  a  citizen  of  the  United 
States,  has  no  right  to  treat  in  behalf  of  Texas.  Mexico  has  won  many  victories  in  the 
past  over  Texas,  and  has  suffered  a  single  defeat.  Five  million  dollars  too  small  an 
indemnity.  Texan  brutalities.  Expresses  personal  gratitude  to  Houston.  To 
acknowledge  Texan  independence  would  be  to  sacrifice  Mexico's  noble  stand  on 
slavery.  Mexico  in  1842,  p.  221;  Niles'  Register,  LXII,  50;  Telegraph  and  Texas 
Register,  March  23, 1842;  Austin  City  Gazette,  March  30, 1842. 


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CAIiBNDAB  OF  PBINTED  OOBBESPOKDBKOE.  S7 

Hamilton  to  Santa  Anna,  March  21,  1842.  Santa  Anna  abhors  people  to  whom  he 
owes  his  life.  Mexico's  violation  of  her  agreement  with  colonists  was  one  cause  of  the 
revolution.  Mexico's  only  victory  was  the  Alamo.  Defies  Santa  Anna.  Mexico  in 
1842,  p.  227;  Tdegraph  and  Texas  R^ter,  April  13, 1842. 

Houston  to  Santa  Anna,  March  21,  1842  (extract).  Defends  the  Texan  conduct  of 
the  revolution,  particularly  the  treatment  of  Santa  Anna.  Justifies  the  Santa 
F6  expedition.  States  future  attitude  of  Texas  toward  Mexico.  Niles'  Register, 
LXII,  98. 

S<»nervell  to  Jones,  March  25,  1842.  Somervell  has  taken  chaige  of  troops,  and 
reports  dissatis^tion  among  them.  Jones,  Memoranda  and  Official  Correspondence, 
172-173. 

Daingerfield  to  Jones,  April  1,  1842.  Texan  blockade  of  Mexican  ports.  Jones, 
Memoranda  and  Official  Correspondence,  201. 

Daingerfield  to  Jones,  April  15,  1842.  Daingerfield 's  efforts  to  co-operate  with  H. 
Washington  in  preparation  for  a  descent  upon  Mexican  coast.  Jones,  Memoranda  and 
Official  Correspondence,  201-203. 

Houston  to  Somervell,  October  3, 1842.  Orders  concentration  of  such  troops  as  are 
willing  to  invade  Mexico  upon  the  southwestern  boundary,  and  invasion  of  Mexico  in 
case  prospects  for  success  ofiter.    House  Journal,  7th  Tex.  Cong.,  Appendix,  3-4. 

Hamilton  to  Somervell,  October  13,  1842.  Orders  Somervell  to  proceed  to  south- 
western frontier,  to  organize  troops,  to  move  with  secrecy,  and  to  invade  Mexico  if 
success  seem  probable.    House  Journal,  7th  Tex.  Cong.,  Appendix,  5-6. 

Somervell  to  Hamilton,  November  7,  1842.  Reports  progress  in  oiganization  of 
troops.    House  Journal,  7th  Tex.  Cong.,  Appendix,  10-11. 

Hamilton  to  Somervell,  November  9,  1842.  Gives  method  of  securing  supplies  for 
troops.    House  Journal,  7th  Tex.  Cong.,  Appendix,  6. 

Somervell  to  Houston,  November  14,  1842.  Reports  progress  in  oiganizing  troops 
and  gives  information  as  to  location  of  Mexican  troops  on  border  and  disposition  of 
Texan  prisoners.    House  Journal,  7th  Tex.  Cong.,  Appendix,  11-12. 

Hamilton  to  Somervell,  November  19, 1842.  Regrots  poor  oiganization  and  disci- 
pline of  the  troops,  repeats  orders  to  enlist  none  but  those  willing  to  invade  Mexico,  and 
urges  energetic  action.    House  Journal,  7th  Tex.  Cong.,  Appendix,  7-9. 

Hamilton  to  Somervell,  November  21, 1842.  Urges  prompt  but  cautious  advance  in 
order  to  avoid  surprise,  and  directs  disposition  of  supplies  in  case  troops  are  disbanded. 
House  Journal,  7th  Tex.  Cong.,  Appendix,  9-10. 

Somervell  to  Hill,  February  1,  1843.  Gives  detailed  account  of  his  invasion  of 
Mexico.  House  Journal,  9th  Tex.  Cong.,  Appendix,  70-75;  Telegraph  and  Texas 
Register,  February  22, 1843. 

Hill  to  Hockley  and  Williams,  September  26,  1843.  Instructions  for  arrangement 
of  armistice  with  Mexico  through  the  mediation  of  Great  Britain.  The  Red-Lander, 
June  1, 1844. 

0ORRS8PONDBN0B  WITH  YUCATIn. 

Mooro  to  Cooke,  August  28, 1840.  Reports  his  movements  from  July  2^August  28, 
1840.    House  Journal,  5th  Tex.  Cong.,  Appendix,  232-237. 

Peraza  to  Roberts,  September  16, 1841.  Santa  Anna  is  preparing  to  invade  Yucat&n 
by  land  and  by  sea.  Asks  that  Texas  send  two  or  three  of  her  vessels  to  aid  in  repelling 
the  Mexican  squadron.  Offers  pecuniary  inducements.  Moore,  To  the  People  of 
Texas,  15-17. 

Roberts  to  Peraza,  September  17, 1841.  Texas  will  aid  Yucatdn.  Accepts  Peraza's 
proposals  with  some  modifications.    Moore,  To  the  People  of  Texas,  17-19. 

Peraza  to  Roberts,  September  17,  1841.  The  proposals  as  modified  by  Roberts  are 
accepted.  Adds  one  article  and  asks  that  it  be  accepted.  Moore,  To  the  People  of 
Texas,  19-20. 


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88  AMEBICAN  HISTOBICAL  A8S0GIATI0K. 

Archer  to  Moore,  September  18,  1841.  Moore  is  to  keep  three  veseels  in  reftdineas 
for  Bea.  The  Govemment  of  YucatAn  will  fumiah him  with  $8,000  each  month.  Secret 
orders  indeed.    Moore,  To  the  People  of  Texas,  12-13. 

Archer  to  Moore,  September  18, 1841 .  Secret  orders.  He  is  to  sail  for  Sisal,  capture 
the  enemy's  vessels  if  possible,  and  co-operate  with  the  forces  of  Yucatin  generally. 
Moore,  To  the  People  of  Texas,  13-15. 

Roberts  to  P^aza,  September  18,  1841.  A  number  of  Texan  vessels  have  been 
ordered  to  proceed  to  Sisal.    Moore,  To  the  People  of  Texas,  20-21. 

Moore  to  Lemus,  January  8, 1842.  Is  at  Sisal  with  one  ship  and  two  schooners  ready 
to  carry  out  the  treaty  on  the  part  of  Texas.    Moore,  To  the  People  of  Texas,  25. 

Lemus  to  Moore,  January  8,  1842.  The  governor  will  receive  him  on  Monday. 
Moore,  To  the  People  of  Texas,  25. 

Moore  to  Rej6n,  January  10,  1842.  Is  surprised  that  Yucat&n  has  entered  into  a 
treaty  with  the  Central  Govemment  of  Mexico .    Moore.  To  the  People  of  Texas,  26-27 . 

Rej6n  to  Moore,  January  12, 1842.  The  treaty  with  Mexico  should  surprise  no  one. 
Yucat&n  has  not  renounced  her  right  to  be  incorporated  in  the  Mexican  Union.  Moore, 
To  the  People  of  Texas,  27-29. 

Gray  to  the  Mexican  and  Yucatin  commissionerB,  January  12,  1842.  Fearing  for 
the  safety  of  Commodore  Moore  he  will  detain  them  as  hostages.  Moore,  To  the  People 
of  Texas,  31. 

Gray  to  Moore,  January  12,  1842.  Has  deemed  it  advisable  to  detain  the  commis- 
sioners of  Mexico  and  Yucat&n  as  hostages.    Moore,  To  the  People  of  Texas,  30. 

Rej6n  to  Moore,  January  12, 1842.  The  commander  of  the  Texan  vessel  Atistm  took 
the  Mexican  and  Yucatan  commissioners  prisoners.  Demands  that  they  be  set  at 
liberty.    Moore,  To  the  People  of  Texas,  32. 

Moore  to  Rej6n,  January  14,  1842.  Has  never  doubted  the  right  of  Yucatin  to  dis- 
pose of  her  political  and  natural  rights  as  she  may  deem  proper.  Leaves  for  Sisal 
to-day.    Moore,  To  the  People  of  Texas,  29-30. 

Moore  to  Rej6n,  January  15, 1842.  Regrets  that  the  Mexican  and  Yucatan  commis- 
sioners were  detained;  has  ordered  that  they  be  set  at  liberty.  Moore,  To  the  People 
of  Texas,  32-33. 

Rej6n  to  Moore,  January  18,  1842.  Incloses  a  copy  of  a  decree  of  the  Congress  of 
Yucat&n,  October  25, 1841,  relative  to  Peraza's  instructions;  copy  of  agreement  made 
by  Yucat&n  with  Texas,  September  18,  1841;  and  copy  of  convention  with  Mexico, 
December  28, 1841,  for  the  reimion  of  Mexico  and  Yucatdn.  Moore,  To  the  People  of 
Texas,  33-34. 

Moore  to  Rej6n,  January  31,  1842.  Has  received  his  letter  of  January  18,  1842; 
Yucat&n  should  have  a  flag  so  that  her  vessels  would  not  be  molested  by  the  Texan 
warships.    Moore,  To  the  People  of  Texas,  35. 

Moore  to  Lemus,  February  25, 1842.  Requests  that  $8,000  be  placed  in  his  hands  as 
per  the  agreement.  Has  been  cruising  near  Vera  Cruz.  Moore,  To  the  People  of 
Texas,  37. 

Lemus  to  Moore,  February  26,  1842.  An  order  has  been  issued  for  the  payment  of 
the  $8,000.    Moore,  To  the  People  of  Texas,  38. 

Moore  to  Cdrdenas,  March  7, 1842.  The  rumor  that  Texas  will  make  war  on  Yucat^ 
vessels  is  unfoimded.    Moore,  To  the  People  of  Texas,  38-39. 

Moore  to  Celerayan,  March  7,  1842.  The  rumor  that  Texas  will  make  war  on 
Yucatdn  vessels  is  unfounded.    Moore,  To  the  People  of  Texas,  39-40. 

Cirdenas  to  Moore,  March  7,  1842.  The  rumor  that  Texas  would  make  war  on 
Yucatdn  vessels  was  not  credited  by  the  Govemment  of  Yucatan.  Moore,  To  the  Peo- 
ple of  Texas,  40-41. 

Celerayan  to  Moore,  March  7,  1842.  No  credit  has  been  given  to  the  rumor  that 
Moore's  acts  were  to  be  hostile  to  YucatAn.    Moore,  To  the  People  of  Texas,  41. 


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CALENDAR  OP  PRINTED  CORRESPONDENCE.  39 

Moore  to  Lemue,  March  8,  1842.  Arrived  at  Campeche  on  March  6.  The  rumors 
that  his  acts  were  to  be  hostile  to  Yucatdn  were  spread  to  in j ure  his  reputation .  Moore, 
To  the  People  of  Texas,  41-42. 

Lemus  to  Moore,  March  18,  1842.  The  governor  is  gratified  at  the  contents  of 
Moore's  letter  of  March  8.  The  rumor  was  never  credited.  Moore,  To  the  People  of 
Texas,  43. 

Moore  to  Lemus,  March  28, 1842.  Will  cruise  a  few  days  before  Vera  Cruz ;  received 
$6,000  from  the  collector  at  Carmen.    Moore,  To  the  People  of  Texas,  52-53. 

Lemus  to  Moore,  March  29,  1842.  Serves  notice  that  the  Government  of  Yucatdn 
is  willing  for  Moore  to  withdraw  with  the  squadron  under  his  command.  Moore, 
To  the  People  of  Texas,  53-54. 

Moore  to  Lemus,  April  19,  1842.  Regrets  the  determination  of  the  Government  of 
Yucatdn  as  expressed  in  the  matter  of  the  withdrawal  of  the  squadron.  Moore,  To 
the  People  of  Texas,  54-55. 

Lemus  to  Moore,  April  22, 1842.  The  accounts  have  been  adjusted  with  Mr.  Seeger. 
Moore,  To  the  People  of  Texas,  55. 

Moore  to  Lemus,  April  24,  1842.  Sails  for  Campeche  in  an  hour.  Moore,  To  the 
People  of  Texas,  56. 

Moore  to,  Cdrdenas,  April  25  [?],  1842.  Will  give  the  necessary  orders  for  the  safety 
of  the  vessels  mentioned  in  his  letter  of  April  [26]?.    Moore,  To  the  People  of  Texas,  58. 

Moore  to  Lemus,  April  26,  1842.  Regrets  that  the  monthly  payments  will  be  sus- 
pended. Texas  has  proven  her  friendship  to  Yucatdn.  Moore,  To  the  People  of 
Texas,  59. 

Cardenas  to  Moore,  April  26,  1842*  The  flag  of  Mexico  is  still  the  flag  of  Yucatdn. 
Names  several  schooners  that  fly  this  flag  and  hopes  they  will  not  be  molested .  Moore, 
To  the  People  of  Texas,  56-58. 

Moore  to  Lemus,  May  26,  1842.  Captain  Seeger  will  visit  M^rida  to  settle  for  the 
money  still  due  Texas.    Moore,  To  the  People  of  Texas,  76. 

De  Lleigo  to  Moore,  June  8,  1842.  Incloses  a  copy  of  the  official  conmiunication 
addressed  to  Mr.  Seeger.    Moore,  To  the  People  of  Texas,  76-77. 

Moore  to  C&rdenas,  January  16,  1843.  Incloses  a  letter  for  the  governor.  Moore, 
To  the  People  of  Texas,  121. 

Moore  to  the  governor  of  Yucatdn,  January  17,  1843.  Asks  for  $8,000  so  that  he 
can  refit  and  attack  the  conmion  enemy.    Moore,  To  the  People  of  Texas,  119-121. 

Barbachano  to  Moore,  January  31,  1843.  Mr.  Peraza  is  fully  authorized  on  the 
subject  of  Moore's  letter  of  January  16.  The  pecuniary  aid  will  be  given  as  soon  as 
Peraza  arrives  in  New  Orleans.    Moore,  To  the  People  of  Texas,  122. 

Mendez  to  Moore,  February  3,  1843.  Peraza  has  already  sailed  with  the  $8,000. 
Moore,  To  the  People  of  Texas,  122-124. 

Cdrdenas  to  Moore,  February  5, 1843.  Has  complied  with  Moore's  request  of  Janu- 
ary 16,  and  placed  the  letter  in  the  hands  of  the  governor.  Moore,  To  the  People  of 
Texas,  124. 

Moore  to  Mendez,  February  23,  1843.  Received  his  commimication  of  January  27, 
1843.  Had  concluded  an  agreement  with  Peraza  a  few  days  before.  Moore,  To  the 
People  of  Texas,  12&-129. 

Moore  to  Barbachano,  February  24,  1843.  Has  concluded  an  agreement  with 
Peraza.    Moore,  To  the  People  of  Texas,  129. 

Houston  to  Moigan  and  Bryan,  March  23,  1843.  Authorizes  Morgan  and  Bryan  to 
secure  possession  of  national  vessels,  equipments,  etc.,  to  call  upon  the  United  States 
in  case  of  resistance,  and  to  deprive  E.  W.  Moore  of  the  command  which  he  has  held 
contrary  to  orders  since  October  29,  1842.    The  Morning  Star,  June  13,  1843. 

Moore  to  Barbachano,  April  28,  1843.  Informs  him  of  his  arrival  at  Sisal.  Moore, 
To  the  People  of  Texas,  148. 


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40  AMEBICAN  HISTORICAL  ASSOCIATION. 

Barbachano  to  Moore,  May  1, 1843.  Glad  Moore  has  arrived.  The  Yucatdn  Gov- 
ernment has  ordered  a  renewal  of  hostilities  with  Mexico.  Moore,  To  the  People  of 
Texas,  148. 

Moore  to  Barbachano,  May  15,  1843.  Thinks  he  should  have  been  consulted  in 
the  making  of  the  treaty  of  capitulation,  since  it  stipulates  that  he  is  not  to  attack 
transport  vessels.    Moore,  To  the  People  of  Texas,  157-158. 

Barbachano  to  Moore,  May  20, 1843.  Moore's  objection  to  the  treaty  is  well  founded 
but  it  was  entered  into  to  free  Yucatin  of  the  capitulating  forces.  Moore,  To  the 
People  of  Texas,  158-159. 

Moore  to  Meddez,  May  22,  1843.  Asks  for  the  services  of  a  vessel.  Moore,  To  the 
People  of  Texas,  163. 

Mendez  to  Moore,  May  22,  1843.  The  schooner  Independencia  will  be  placed  under 
his  orders.    Moore,  To  the  People  of  Texas,  167. 

Moore  to  Mendez,  May  26,  1843.  Would  like  to  use  the  Independencia  for  another 
cruise.    Moore,  To  the  People  of  Texas,  163-164. 

Mendez  to  Moore,  May  26,  1843.  Has  no  objection  to  his  using  the  Independencia. 
Moore,  To  the  People  of  Texas,  164. 

Moore  to  Barbachano,  Jime  1,  1843.  Requests  him  to  remit  the  balance  of  the 
18,000  that  was  due  on  May  30.    Moore,  To  the  People  of  Texas,  166. 

Barbachano  to  Moore,  June  24,  1843.  The  Government  of  Yucatin  will  pay  the 
rest  of  the  $8,000,  but  thereafter  can  pay  no  more.  Moore,  To  the  People  of  Texas, 
167-168. 

Moore  to  Barbachano,  June  27,  1843.  Has  drawn  on  him  for  $300.  Moore,  To  the 
People  of  Texas,  176. 

Moore  to  Barbachano,  June  28,  1843.  Leaves  for  Sisal  to  get  the  $2,000  that  is  still 
due  him.  Should  Yucatdn  be  again  involved  in  war  it  will  be  a  pleasure  to  come  to 
her  aid  again.    Moore,  To  the  People  of  Texas,  177. 

Moore  to  Barbachano,  June  30,  1843.  In  consequence  of  President  Houston's  proc- 
lamation, is  anxious  to  get  back  to  Texas.  Asks  for  an  order  for  $2,000.  Moore,  To 
the  People  of  Texas,  177. 

Barbachano  to  Moore,  July  6,  1843.  Moore's  brother  has  received  $1,700  which 
with  the  $300  previously  received  clears  the  debt.    Moore,  To  the  People  of  Texas,  178. 

CORRESPONDENCE  WITH  GREAT  BRITAIN. 

Irion  to  Henderson,  August  3, 1837  (extract).  Captain  Thompson  of  the  Invincible 
transcended  his  orders  in  capturing  the  Eliza  Russell,  Henderson  is  to  make  a  candid 
statement  to  the  English  Government  and  express  the  regrets  of  the  Texan  Govern- 
ment.   Report  House  Committee  on  Foreign  Relations,  4tli  Tex.  Cong.,  6-6 A 

Certificate  of  Carpizo,  August  11, 1837 .  The  affair  of  the  Little  Penn  and  the  capture 
of  the  Eliza  RusseU,  Report  House  Committee  on  Foreign  Relations,  4th  Tex.  Cong., 
16-17;  copy  inclosed  with  Henderson  to  Irion,  November  5,  1837. 

Henderson  to  Palmerston,  October  [26],  1837.  Apologizes  for  the  seizure  and  deten- 
tion of  the  Eliza  RusseU.  Report  House  Committee  on.  Foreign  Relations,  4th  Tex. 
Cong.,  13;  copy  inclosed  with  Henderson  to  Irion,  November  5, 1837. 

Palmerston  to  Henderson,  October  31, 1837.  Has  received  Henderson's  of  the  26th. 
Report  House  Conmiittee  on  Foreign  Relations,  4th  Tex.  Cong.,  14;  copy  inclosed 
with  Henderson  to  Irion,  November  5,  1837. 

Henderson  to  Irion,  November  5, 1837  (extract).  Incloses  copies  of  correspondence 
with  Palmerston  concerning  the  Eliza  Russell  claims.  Report  House  Committee  on 
Foreign  Relations,  4th  Tex.  Cong.,  13-14. 

a  This  report  contains,  besides  the  letters  caloidared,  considerable  matter  not  belonging  to  the  Diplo- 
matic Correspondence,  but  nevertheless  pertinent  to  the  British  clahns.  Only  one  copy  of  it,  so  far  as  I 
have  been  able  to  learn,  is  in  existence, and  that  belongs  to  Mr.  Richard  Borgess  of  £1  Paso,  Tex.,  who  has 
kindly  Irat  it  to  the  editor  to  use  in  preparing  this  yolome. 


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CALENDAE  OF  PRINTED  CORRESPONDENCE.  41 

Protest  of  Joeeph  Ruasell  and  others,  December  2, 1837  (extract).    The  capture  and  * 
detention  of  the  Eliza  Russell.    Statement  of  the  claim  and  description  of  various 
docimients  submitted  to  sustain  it.    Report  House  Committee  on  Foreign  Relations, 
4th  Tex.  Cong.,  20-23;  copy  inclosed  with  Tolme  to  Palmerston,  December  20,  1837. 

Tolme  a  to  Palmerston,  December  20,  1837.  Transmits  extracts  from  the  protest 
of  Joseph  Russell  relative  to  the  capture  of  the  Eliza  Russell.  Report  House  Com- 
mittee on  Foreign  Relations,  4th  Tex.  Cong.,  20-23. 

Lizardi  &  Co.  to  Palmerston,  January  5,  1838.  Gives  an  account  of  the  seizure  of 
goods  carried  by  the  Little  Penn.  Report  House  Committee  on  Foreign  Relations,  4th 
Tex.  Cong.,  15-16;  copy  inclosed  with  Palmerston  to  Henderson,  January  24,  1838. 

Palmerston  to  Henderson,  January  24,  1838  (extract).  Transmits  copy  of  a  letter 
from  Lizardi  &  Co.  with  statement  of  property  seized  on  the  Little  Penn.  British 
Government  can  not  doubt,  since  Henderson's  letter  of  October  26,  that  the  Texan 
authorities  will  order  immediate  restitution.  Report  House  Committee  on  Foreign 
Relations,  4th  Tex.  Cong.,  14;  copy  inclosed  with  Henderson  to  Irion,  January  30, 
1838. 

Henderson  to  Palmerston,  January  25, 1838.  Has  received  Palmerston's  of  January 
24;  but,  being  without  instructions  on  the  subject,  can  only  transmit  them  to  his 
Govenmient.  Report  House  Committee  on  Foreign  Relations,  4th  Tex.  Cong.,  18; 
copy  inclosed  with  Henderson  to  Irion,  January  30,  1838. 

Henderson  to  Irion,  January  30,  1838.  Incloses  correspondence  with  Palmerston 
as  to  damages  in  the  case  of  the  Little  Penn.  Does  not  regard  the  claim  as  just,  but 
suggests  necessity  for  prompt  attention  to  it.  Report  House  Committee  on  Foreign 
Relations,  4th  Tex.  Cong.,  14-18. 

Palmerston  to  Henderson,  February  19, 1838.  Transmits  documents  relative  to  the 
case  of  the  Eliza  Russell.  Report  House  Committee  on  Foreign  Relations,  4th  Tex. 
Cong.,  19;  copy  inclosed  with  Henderson  to  Irioja,  March  8, 1838. 

Henderson  to  Palmerston,  February  20,  1838.  Acknowledges  receipt  of  Palmer- 
ston's  of  the  19th  with  accompanying  documents;  will  transmit  them  to  his  Govern- 
ment for  advice.  Report  House  Committee  on  Foreign  Relations,  4th  Tex.  Cong.,  23; 
copy  inclosed  with  Henderson  to  Irion,  March  8, 1838. 

Henderson  to  Irion,  March  8, 1838.  Transmits  Palmerston  to  Henderson  of  February 
19,  1838,  with  inclosmres.  Seizure  of  the  Eliza  Russell  legal.  Admissions  obtained 
from  Palmerston.  Report  House  Committee  on  Foreign  Relations,  4th  Tex.  Cong., 
19-26. 

Irion  to  Henderson,  May  20,  1838  (extract).  The  Texan  Government  has  never 
authorized  nor  sanctioned  violations  of  neutrality  by  its  officers.  The  evidence  of 
illegal  seizure  in  the  case  of  the  Little  Penn  is  not  satisfactory.  The  appointment 
of  an  English  agent  in  Texas  would  greatly  facilitate  the  adjustment  of  private  claims. 
Report  House  Committee  on  Foreign  Relations,  4th  Tex.  Cong.,  6-7. 

Irion  to  Henderson,  June  6,  1838  (extract).  Congress  has  made  no  appropriation  to 
pay  the  Eliza  Russell  claim.  Texan  Government  not  disposed  to  reject  just  claims, 
but  it  will  be  difficult  to  adjust  them  without  a  resident  English  agent.  Report 
House  Committee  on  Foreign  Relations,  4th  Tex.  Cong.,  7. 

Palmerston  to  Henderson,  August  24,  1838.  Refers  to  correspondence  concerning 
the  Little  Penn  and  Eliza  Russell  claims  and  asks  what  has  been  done  to  fulfill  the 
promises  made.  Report  House  Committee  on  Foreign  Relations,  4th  Tex.  Cong.,  27; 
copy  inclosed  with  Henderson  to  Irion,  September  5,  1838. 

Statement  of  Captain  Russell's  claim,  September  [1],  1838.  Report  House  Com- 
mittee on  Foreign  Relations,  4th  Tex.  Cong.,  44;  copy  inclosed  with  Swain,  Stevens 
A  Co.  to  Arrangoiz,  Droosten  <fc  Co.,&  December  12,  1838. 

•  Imx»x)peiiy  given  as  "Tolene"  In  the  printed  copy.       ^  Printed  as  "Arranquiz,  Drooster,  &  Co." 


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42  AMEBICAN  HISTORICAL  ASSOCIATION. 

Hend^^on  to  Palmerston,  September  3,  1838.  Acknowledges  receipt  of  Palmer- 
ston's  communication  of  August  24.  Defends  the  condemnation  of  the  Abispa  and 
denies  that  the  Brutus  took  any  goods  from  the  Little  Penn.  The  President  recom- 
mended to  Congress  an  appropriation  to  pay  the  Eliza  Russell  claims,  and  it  failed 
only  because  the  owner  failed  to  appear  personally,  or  by  his  authorized  agent,  to  fix 
the  simi  justly  due.  Report  House  Committee  on  Foreign  Relations,  4th  Tex.  Cong., 
28-30;  copy  inclosed  with  Henderson  to  Irion,  September  5,  1838. 

Henderson  to  Inon,  September  5, 1838.  Recites  correspondence  with  Irion  relative 
to  the  Little  Penn  claims  and  sends  copies  of  correspondence  with  Palmerston  on  that 
subject.  Complains  of  the  unsatisfactory  nature  of  the  evidence  furnished  him  by  the 
Texan  Government.  Less  difficulty  in  dealing  with  the  case  of  the  Elua  Russell. 
Report  House  Committee  on  Foreign  Relations,  4th  Tex.  Cong.,  26-31. 

Henderson  to  Irion,  October  28, 1838  (extract).  Prays  to  be  furnished  immediately 
with  more  definite  information  concerning  the  British  claims.  Report  House  Com- 
mittee on  Foreign  Relations,  4th  Tex.  Cong.,  32. 

Backhouse  to  [Swain,  Stevens  &  Co.],  November  1,  1838.  Summarizes  the  histcury 
of  the  Eliza  Russell  claim.  Report  House  Committee  on  Foreign  Relations,  4th  Tex. 
Cong.,  42;  copy  inclosed  with  Swain,  Stevens  &  Co.  to  Arrangoiz,  Droosten  &  Co., 
December  12,  1838. 

Adam  to  [Nash],  November  20,  1838.  Has  seen  Mr.  Backhouse  relative  to  the  Elua 
Russell  claims  and  will  communicate  whatever  he  may  say.  Report  House  Committee 
on  Foreign  Relations,  4th  Tex.  Cong.,  42;  copy  inclosed  with  Swain,  Stevens  A  Co. 
to  Arrangoiz,  Droosten  &  Co.,  December  12,  1838. 

Adam  to  [Nash],  November  21,  1838.  Mr.  Backhouse  states  that  the  case  of  the 
Eliza  Russell  is  still  before  the  Queen's  advocate.  Report  House  Committee  on 
Foreign  Relations,  4th  Tex.  Cong.,  43;  copy  inclosed  with  Swain,  Stevens  A  Co. 
to  Arrangoiz,  Droosten  A  Co.,  December  12, 1838. 

Adam  to  Nash,  November  25,  1838.  Has  conmiunicated  the  letter  received  yes- 
terday to  Mr.  Backhouse,  who  replied  that  he  hoped  soon  to  be  able  to  give  informar- 
tion  in  regard  to  the  Eliza  Russell.  Report  House  Committee  on  Foreign  Relations, 
4th  Tex.  Cong.,  43;  copy  inclosed  with  Swain,  Stevens  A  Co.  to  Arrangoiz,  Droosten  A 
Co.,  December  12,  1838. 

Irion  to  Henderson,  November  28,  1838  (extract).  Henderson's  course  as  to  the 
British  claims  for  indemnity  approved.  He  is  authorized  to  settle  the  Eliza  Russell 
claims  for  any  amount  up  to  the  £865  demanded.  The  Texan  Government  is  con- 
vinced the  Mexicans  got  most  of  the  goods  from  the  Little  Penn.  The  Government 
is  not  disposed  to  evade  any  just  claims  for  indemnity.  Report  House  Committee 
on  Foreign  Relations,  4th  Tex.  Cong.,  8-10. 

Backhouse  to  Swain,  Stevens  A  Co.,  December  [1],  1838.  In  reply  to  theirs  of 
November  28,  sends  a  letter  from  Palmerston  to  Shields,  British  consul  at  Laguna, 
directing  him  to  assist  Captain  Russell  in  the  case  against  him  at  that  place.  Report 
House  Committee  on  Foreign  Relations,  4th  Tex.  Cong.,  43;  copy  inclosed  with 
Swain,  Stevens  A  Co.  to  Arrangoiz,  Droosten  A  Co.,  December  12,  1838. 

Swain,  Stevens  <fe  Co.  to  Arrangoiz,  Droosten  A  Co.,  December  12,  1838.  Asks 
Arrangoiz,  Droosten  A  Co.  to  write  to  agents  of  the  Eliza  Russell  claims  at  New 
Orleans  directing  them  to  urge  the  settlement  of  the  claims.  Report  House  Com- 
mittee on  Foreign  Relations,  4th  Tex.  Cong.,  41-44;  copy  inclosed  with  Vogelgsang  A 
Co.  to  Webb,  April  16,  1839. 

Henderson  to  Secretary  of  State  [Bee],  January  26,  1839  (extract).  Calls  attention 
again  to  the  British  Claims.  Report  Hoiise  Committee  on  Foreign  Relations,  4th 
Tex.  Cong.,  33. 

Henderson  to  Bee,  March  10,  1839  (extract).  Hopes  to  be  able  to  settle  the  claims 
with  the  British  Government  soon.  Report  House  Committee  on  Foreign  Relations, 
4th  Tex.  Cong.,  32. 


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CALBNDAB  OF  PBIKTED  CORRESPONDENCE.  43 

Irion  to  Henderson,  March  20,  1839  (extract).  A  claim  for  indemnity  in  the  case 
of  the  Elisa  Russell  has  been  made  on  the  Texan  Government.  Its  justice  has  been 
acknowledged  by  the  president,  who  has  promised  to  recommend  payment.  Report 
House  Committee  on  Foreign  Relations,  4th  Tex.  Cong.,  6. 

YogelgBango  &  Co.  to  Webb,  April  16,  1839.  Have  had  no  answer  to  requests 
made  for  the  settlement  of  the  Eliza  Russell  claims  through  Thomas  Toby  and  others. 
Inclose  correepondence  concerning  the  claims.  Report  House  Committee  on  Foreign 
Relations,  4th  Tex.  Cong.,  40-44. 

Crawford  to  Webb,  April  17,  1839.  Asks  on  behalf  of  G.  Vogelgsang  &  Co.,  agents 
for  the  owner  of  the  Eliza  RusseU,  attention  to  his  claims.  Report  House  Committee 
on  Foreign  Relations,  4th  Tex.  Cong.,  40-44. 

Jones  to  Hughes,  April  24,  1839.  Appreciates  his  interest  in  Texas;  thinks  he  can 
do  much  in  England  and  France  to  secure  the  recognition  of  Texas.  Incloses  a 
memorandum  of  Texas.    Jones,  Memoranda  and  OflEicial  Correspondence,  148-151. 

Hughes  to  Jones,  June  10,  1839  (extract).  Incloses  a  letter  from  Hughes  to  Pal- 
merston  on  behalf  of  Texas.  Texas  will  soon  be  accorded  recognition.  Jones,  Mem- 
oranda and  OflEicial  Correspondence,  151. 

Hughes  to  Palmerston,  June  10,  1839.  Incloses  Jones's  Memorandum  on  Texas. 
Jones,  Memoranda  and  Oflicial  Correspondence,  151-152;  copy  inclosed  in  Hughes  to 
Jones,  June  10, 1839. 

Palmerston  to  Hughes,  June  10, 1839.  Thanks  him>for  his  letter  on  Texas;  the  sub- 
ject is  important  but  diflScult.  Jones,  Memoranda  and  OflEicial  Correspondence,  152; 
copy  inclosed  with  Hughes  to  Jones,  June  10, 1839. 

Hughes  to  Jones,  Jime  10, 1839,  midnight.  Incloses  Palmerston's  letter  of  June  10, 
1839.  Believes  Texas  will  soon  be  recognized  by  England.  Jones,  Memoranda  and 
Ofl&cial  Correspondence,  152-153. 

Burnet  to  Crawford,  Jime  14,  1839.  Acknowledges  receipt  of  Crawford's  letter  of 
April  17  concerning  the  Eliza  Russell  claims.  Excuses  the  former  admissions  of  the 
Texan  Grovemment  and  argues  against  the  justice  of  the  claims.  Congress  will  meet 
in  November,  and  the  subject  will  be  presented  to  it  again.  Report  House  Committee 
on  Foreign  Relations,  4th  Tex.  Cong.,  11-12. 

Burnet  to  Henderson,  June  16,  1839  (extract).  Sends  copy  of  a  letter  addressed  by 
Burnet  to  the  British  consul  at  New  Orleans  relative  to  the  Eliza  Ru^eU  claims,  which 
have  risen  to  double  the  amoimt  originally  demanded.  Report  House  Committee 
on  Foreign  Relations,  4th  Tex.  Cong.,  10-12. 

Palmerston  to  Henderson,  October  23, 1839.  States  the  amount  of  the  Eliza  Rv^seU 
and  Little  Penn  claims  and  refers  to  the  promise  by  the  Texan  authorities  to  settle  the 
first.  The  British  Government  would  be  justified  in  sending  a  ship  of  war  to  Texas 
to  enforce  payment  of  the  claims,  but  wishes  to  try  one  more  application  through 
Henderson.  Report  House  Committee  on  Foreign  Relations,  4th  Tex.  Cong.,  33-34; 
copy  transmitted  with  Mcintosh  to  Secretary  of  State,  November  12, 1839. 

Palmerston  to  Henderson,  October  23, 1839.  Asks  relief  for  certain  British  subjects, 
claiming  lands  in  Texas.  Report  House  Conmdttee  on  Foreign  Relations,  4th  Tex. 
Cong.,  35;  Tel^raph  and  Texas  R^ter,  October  18, 1843;  The  Morning  Star  (Hous- 
ton), October  14, 1843;  copy  transmitted  with  Mcintosh  to  Secretary  of  State,  Novem- 
ber 12, 1839. 

Henderson  to  Palmerston,  October  30, 1839.  Acknowledges  receipt  of  both  Palmer- 
ston's  communications  of  the  23rd.  Discusses  the  Eliza  Russell  claim  and  the  land 
daims  of  certain  British  subjects.  Report  House  Committee  on  Foreign  Relations, 
4th  Tex.  Cong.,  36-38;  Journal  and  Advertiser  (San  Augustine,  Tex.),  June  11,  1840; 
Tel^raph  and  Texas  Register,  October  18, 1843  (extract);  The  Morning  Star,  October 
14, 1843  (extract);  copy  transmitted  with  Mcintosh  to  Secretary  of  State,  November 
12, 1839. 

aMatUated  bj  the  pzlnter  into  Vogleraog. 


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44  AMEEICAK  HISTOBIOAL  ASSOCIATION. 

Mcintosh  to  Secretary  of  State  [Burnet],  November  12,  1839.  Henderson  has  left 
the  business  of  the  legation  in  Mcintosh's  hands.  Incloses  correspondence  with 
British  Government  concerning  claims  against  Texas.  Existing  Government  too 
fearful  of  ofifending  O'Oonnell  and  the  Abolitionists  to  extend  recognition  to  Texas. 
Report  House  Gonmiittee  on  Foreign  Relations,  4th  Tex.  Cong.,  33-39. 

McGregor  to  President  of  Texas,  December  26,  1839.  Commander  Ramsey  has 
been  ordered  to  support  Commander  Hamilton  in  his  mission  to  Texas  to  recover 
certain  ''British  negroes''  supposed  to  be  held  in  slavery  in  Texas.  House  Journal, 
5th  Tex.  Cong.,  Appendix,  19. 

McGregor  to  President  of  Texas,  December  26,  1839.  Asks  aid  for  Commander 
Hamilton,  of  the  British  navy,  in  identifying  and  recovering  certain  negroes,  sub- 
jects of  Great  Britain,  allied  to  be  held  in  slavery  in  Texas.  House  Journal,  5th 
Tex.,  Cong.,  Appendix,  19-20. 

Burnet  to  Hamilton,  January  29, 184Q.  Professes  ignorance  of  any  negroes,  British 
subjects,  held  in  slavery  in  Texas,  but  promises  assistance  if  such  can  be  identified. 
House  Journal,  5th  Tex.  Cong.,  Appendix,  22-23. 

Lipscomb  to  Hamilton,  February  14,  1840.  Incloses  Proclamation  concerning 
negroes,  British  subjects  all^^ed  to  be  held  in  slavery  in  Texas.  House  Journal,  5th 
Tex.  Cong.,  Appendix,  23-24. 

Hamilton  to  Lipscomb,  February  25,  1840  (extract).  Asks  for  commission  to  treat 
with  Belgium  for  recognition,  and  hopes  for  aid  from  France  in  securing  a  loan 
in  Europe.    House  Journal,  5th  Tex.  Cong.,  Appendix,  284-285. 

Hamilton  to  Lipscomb,  February  27,  1840.  Demands  delivery  of  negro  ''John"» 
a  British  subject  alleged  to  be  held  in  slavery  in  Texas,  and  incloses  statement  as  to 
present  ownership  of  said  negro.    House  Journal,  5th  Tex.  Cong.,  Appendix,  20-21. 

Lipscomb  to  Hamilton,  March  31,  1840.  Declares  that  question  as  to  ownership 
of  a  certain  n^;ro,  if  found  to  be  a  slave,  must  take  usual  course  of  law,  but  if  proved  to 
be  a  British  subject  will  be  delivered  to  proper  authorities.  House  Journal,  5th  Tex. 
Cong.,  Appendix,  24-25. 

Hamilton  to  Lipscomb,  April  21,  1840.  Acknowledges  receipt  of  letter  from  Lips- 
comb, March  31, 1840.    House  Journal,  5th  Tex.  Cong.,  Appendix,  21-22. 

Hamilton  to  Lipscomb,  April  21,  1840.  Reports  success  in  mission  of  identifying 
and  recovering  negroes,  subjects  of  Great  Britain,  alleged  to  be  held  in  slavery  in 
Texas.    House  Journal,  5th  Tex.  Cong.,  Appendix,  22. 

Hamilton  to  Lipscomb,  June  3,  1840.  Reports  prospects  for  loan  bright;  reports 
chartering  of  vessels  by  Mexico  in  Great  Britain  for  attack  on  Texas.  House  Jour- 
nal, 5th  Tex.  Cong.,  Appendix,  285-286. 

Lipscomb  to  Hamilton,  June  6,  1840.  Revokes  instructions  for  purchase  of  arms, 
munitions,  etc . ,  in  Great  Britain  and  France .  House  Journal,  5th  Tex .  Cong . ,  Appen- 
dix, 280-281. 

Palmerston  to  Hamilton,  October  18, 1840. <>  England  is  ready  to  enter  into  a  com- 
mercial treaty  with  Texas  and  to  recognize  her  on  condition  that  Texas  shall  assist 
in  suppressing  the  African  slave  trade.  Incloses  draft  of  a  convention.  Telegraph 
and  Texas  Register,  January  12,  1842;  copy  inclosed  with  Hamilton  to  Lipscomb, 
January  4,  1841. 

Hamilton  to  Palmerston,  October  20, 1840.  Acknowledges  receipt  of  Palmerston's 
letter  of  October  18,  1840,  and  the  draft  of  a  convention.  With  some  slight  changes, 
he  is  ready  to  sign  it.  Telegraph  and  Texas  Register,  January  12, 1842;  copy  inclosed 
with  Hamilton  to  Lipscomb,  January  4,  1841. 

Palmerston  to  Hamilton,  November  5, 1840.  The  signing  of  the  treaty  will  have  to 
be  postponed  a  week.  Colorado  Gazette  and  Advertiser  (Matagorda),  January  23, 
1841;  House  Journal,  5th  Tex.  Cong.,  Appendix,  382-383. 

a  A  few  llnei  at  the  beginning  of  the  letter  were  omitted  In  printing  It. 


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CAI/ENDAB  OF  PBIKTED  GOBBESPONDENCE.  45 

Hamilton  to  Lamar,  November  6,  1840.  The  preliminary  articles  of  a  treaty  of 
recognition,  amity,  and  commerce  have  been  agreed  upon.  Incloses  a  copy  of  Pal- 
merston's  note  of  November  6,  1840.  Colorado  Gazette  and  Advertiser,  January  23, 
1841;  House  Journal,  5th  Tex.  Cong.,  Appendix,  381-382. 

Hamilton  to  Jones,  November  6,  1840  (extract).  Has  procured  the  recognition 
of  Texas  by  England.    Jones,  Memoranda  and  Official  Correspondence,  156. 

Smith  to  Jones,  June  8,  1842.  The  ratifications  of  the  treaty  have  not  yet  been 
exchanged.  The  sympathies  of  England  are  for  Mexico  and  against  Texas.  Jones, 
Memoranda  and  Official  Correspondence,  182-184. 

Teulon  to  Jones,  June  25,  1842.  Is  still  in  London  and  without  money.  Has  not 
faith  in  the  ministry;  it  favors  Mexico.  Jones,  Memoranda  and  Official  Correspond- 
ence, 189-190. 

Smith  to  Jones,  July  10, 1842  (extract).  Texan  bonds  in  England.  Incloses  note 
from  G.  Shaw  to  Thos.  Wilson  A  Co.  Telegraph  and  Texas  Register,  February  22, 
1843. 

Elliot  to  Jones,  September  30,  1842.  Uigee  the  claims  of  certain  British  subjects 
to  lands  in  Texas.  Telegraph  and  Texas  Register,  April  3, 1844.  The  Morning  Star, 
April  2,  1844. 

Jones  to  Elliot,  December  24,  1842  (extract).  The  claims  of  the  British  subjects 
for  lands  in  Texas' will  be  presented  to  Congress.  Telegraph  and  Texas  Register, 
April  3,  1844;  the  Morning  Star,  April  2,  1844. 

Jones  to  Smith,  January  31, 1843.  Smith  is  to  make  representations  to  the  govern- 
ments of  France  and  Great  Britain  relative  to  the  predatory  warfare  carried  on  by 
Mexico.    Tel^;raph  and  Texas  Register,  June  21, 1843. 

Elliot  to  Jones,  February  4, 1843.  Presents  the  claims  of  Beales  and  others  to  lands 
in  Texas.  The  Morning  Star,  April  2,  1844;  Telegraph  and  Texas  Register,  April  3, 
1844. 

Jonee  to  Elliot,  February  16, 1843 .  Has  received  his  communications  of  January  17, 
1843,  and  February  4,  1843.  Desires  a  personal  interview  with  Elliot.  The  Morning 
Star,  April  9,  1844;  Telegraph  and  Texas  Register,  April  10, 1844. 

Jones  to  Smith,  June  10,  1843.  The  relations  of  Texas  with  Mexico.  The  Red- 
Lander,  April  20, 1844;  Telegraph  and  Texas  Register,  November  13,  1844  (extract). 
Duplicate  sent  to  Van  Zandt. 

Elliot  to  Jones,  July  7,  1843.  Is  without  authority  to  appoint  a  consul  at  Corpus 
Christi.    Jones,  Memoranda  and  Official  Correspondence,  226-227. 

Smith  to  Aberdeen,  August  1, 1843.  The  persons  working  in  London  for  the  aboli- 
tion of  slavery  in  Texas  are  not  recognized  by  the  Texas  government.  Niles'  Reg- 
ister, LXVI,  97;  copy  in  Smith  to  Jones,  September  20, 1843. 

Smith  to  Jones,  August  2, 1843.  The  abolition  of  slavery  is  the  avowed  purpose  of 
the  English  Government.  Jones,  Memoranda  and  Official  Correspondence,  236-237. 
Elliot  to  Jones,  August  17, 1843.  The  claims  for  the  Eliza  RtMell  should  be  adjusted. 
Jones,  Memoranda  and  Official  Correspondence,  246-247. 

Elliot  to  Jones,  August  17, 1843  (extract).  Hopes  the  President  will  make  a  repre- 
sentation to  Congress  relative  to  the  land  claims  of  certain  British  subjects.  The 
Morning  Star,  April  9, 1844;  Telegraph  and  Texas  Register,  April  10, 1844. 

Elliot  to  Jones,  August  17, 1843.  Urges  settlement  of  Eliza  Russell  claims.  Jones, 
Memoranda  and  Official  Correspondence,  24^247. 

Elliot  to  Jones,  August  28,  1843.  Believes  General  Houston  will  accede  to  the 
proposition  of  Santa  Anna  relative  to  the  exchange  of  prisoners.  Jones,  Memoranda 
and  Official  Correspondence,  248. 

Kennedy  to  Jones,  September  4,  1843.  Thanks  him  for  his  communication  of 
August  20;  1843.    Jones^  Memoranda  and  Official  Correspondence,  249 » 


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46  AMERICAN  HISTOBICAIi  ASSOCIATION. 

Jones  to  Elliot,  September  11, 1843.  Glad  that  he  has  been  able  to  settle  the  claim 
for  the  Eliza  Rtissellj  Relations  with  Mexico.  Jones,  Memoranda  and  Official 
Correspondence,  250-253. 

Aberdeen  to  Smith,  September  11,  1843.  Acknowledges  Smith's  note  of  August  1. 
Her  Majesty's  Government  has  no  intention  of  interfering  in  the  internal  affairs  of 
Texas,  but  wishes  to  see  slavery  abolished  throu^out  the  world  and  is  not  surprised 
that  private  individuals  should  do  their  best  to  attain  an  object  so  desirable.  Niles' 
Roister,  LXVI,  97;  copy  in  Smith  to  Jones,  September  20,  1843. 

Elliot  to  Jones,  September  14,  1843.  Thanks  him  for  his  prompt  attention  to  the 
case  of  the  Eliza  Russell.    Jones,  Memoranda  and  Official  Correspondence,  256. 

Green  to  Elliot,  November  6,  1843.  Requests  copies  of  certain  letters.  Green^ 
Texan  Expedition  against  Mier,  456;  Tel^[raph  and  Texas  Register,  December  13, 
1843;  The  Morning  Star,  December  12,  1843. 

Elliot  to  Green,  November  7, 1843.  Declines  his  request  for  copies  of  certain  letters. 
Green,  Expedition  against  Mier,  456;  Telegraph  and  Texas  R^^ister,  December  13, 
1843;  The  Morning  Star,  December  12,  1843. 

Green  to  Elliot,  November  7, 1843.  States  reasons  for  applying  for  copies  of  certain 
letters  on  November  6,  1843.  Green,  Expedition  against  Mier,  456-457;  Telegraph 
and  Texas  Register,  December  13,  1843;  The  Morning  Star,  December  12,  1843. 

Kennedy  to  Jones,  November  9,  1843.  Pringles  project  for  a  colony  in  Texas. 
Jones,  Memoranda  and  Official  Correspondence,  269. 

Aberdeen  to  Pakenham,  December  26,  1843.  Great  Britain  desires  to  see  Texan 
Independence  established,  but  with  no  occult  designs.  She  wishes  to  see  slavery 
abolished  in  Texas,  but  will  not  interfere  unduly  or  improperly.  Senate  Docs.,  28th 
Cong.,  Ist  Sess.,  V  (Serial  No.  435),  Doc.  341,  pp.  48-49;  Nilee'  Register,  LXVI,  171; 
copy  inclosed  with  Elliot  to  Jones,  February  10,  1844. 

Elliot  to  Jones,  January  8,  1844.  Has  hesLrd  that  Texas  has  settled  her  difficulties 
with  Mexico;  hopes  for  news  of  the  release  of  the  Texan  prisoners.  Jones,  Memoranda 
and  Official  Correspondence,  301. 

Elliot  to  Jones,  February  10,  1844.  Sends  a  copy  of  a  despatch  from  Pakenham. 
Is  persuaded  that  annexation  is  entirely  out  of  the  question.  Jones,  Memoranda  and 
Official  Correspondence,  307-308. 

Jones  to  Elliot,  March  18, 1844.  Incloses  a  copy  of  the  proposed  armistice  between 
^exas  and  Mexico,  which  can  not  be  accepted.  Jones,  Memoranda  and  Official 
Correspondence,  327,  328. 

Elliot  to  Jones,  March  22,  1844.  The  British  Government  is  engaged  in  an  effort  to 
procure  the  recognition  of  Texas  by  Mexico.  Asks  for  explanations  concerning  the 
contemplated  move  for  annexation.  Green,  Expedition  against  Mier,  483;  Nilee' 
Register,  LXVIII,  35;  The  Red-Lander,  June  15,  1844. 

Elliot  to  Jones,  March  22,  1844.  Thanks  him  for  his  letter  of  February  16,  1844. 
Believes  that  annexation  will  be  defeated  in  the  United  States  Senate.  Jones, 
Memoranda  and  Official  Correspondence,  329-331. 

Jones  to  Elliot,  March  25, 1844.  Gives  the  explanations  requested  by  Elliot  in  his 
note  of  March  22,  1844.    The  Red-Lander,  June  15,  1844. 

Elliot  to  Jones,  April  3,  1844.  Believes  the  time  very  favorable  for  the  mediation 
of  France  and  England.  Niles'  Register,  LXVI,  280;  The  Red-Lander,  June  15, 
1844;  The  Morning  Star,  June  8,  1844;  Telegraph  and  Texas  Roister,  June  12,  1844. 

Smith  to  Jones,  June  2,  1844  (extract).  Lord  Aberdeen  remarked  that  he  would 
say  nothing  more  about  slavery.    The  Red-Lander,  August  31,  1844. 

Kennedy  to  Jones,  June  3,  1844.  Received  Jones's  letters  of  May  2  and  19, 1844. 
Can  not  come  to  Washington.  Jones,  Memoranda  and  Official  Correspondence, 
357-359. 

Elliot  to  Jones,  imdated  (extract).  Has  informed  British  Government  of  Houston's 
determination  to  sustain  the  independence  of  the  Republic,  and  supposes  that  Hender- 


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CAIiENDAB  OF  PBINTED  CORRESPONDENCE.  47 

son's  mission  to  the  United  States  is  to  explain  this  position.  The  Morning  Star, 
June  27,  1844. 

Jones  to  Smith,  September  30,  1844  (extract).  The  subject  of  abolition  can  not 
and  will  not  be  entertained  by  the  Government  of  Texas.  The  Red-Lander,  August 
31, 1844. 

Smith  to  Jones,  December  24,  1844.  Just  arrived  from  Liverpool.  Tells  of  inter- 
views with  Guizot  and  Aberdeen.  Jones,  Memoranda  and  Official  Correspondence, 
411-412. 

Elliot  to  Allen,  January  8,  1845.  Asks  for  settlement  of  Little  Penn  claims,  and 
incloses  declaration  of  Thomas  Hibbert,  September  16,  1844,  in  support  of  said  claim. 
Senate  Journal,  9th  Tex.  Cong.,  extra  sess.,  62-64. 

Elliot  to  Jones,  January  14,  1845.  General  Green  is  singing  another  veme  to  the 
tune  of  British  influence.    Jones,  Memoranda  and  Official  Correspondence,  413-414. 

Terrell  to  Jones,  January  21,  1845.  Has  been  in  London  nine  days.  Tells  of  an 
interview  with  Aberdeen.    Jones,  Memoranda  and  Official  Correspondence,  415-417. 

Terrell  to  Jones,  February  2,  1845  (extract).  Since  his  last  despatch  he  has  had 
two  interviews  with  Aberdeen.  Was  assured  that  England  had  no  desire  to  acquire 
Texas.    Jones,  Memoranda  and  Official  Correspondence,  419-420. 

Terrell  to  Jones,  February  13,  1845.  Has  arrived  at  Paris  from  London;  before 
leaving  he  had  a  conversation  with  Aberdeen  who  was  rather  cool,  having  heard  that 
Jones  favored  annexation.    Jones,  Memoranda  and  Official  Correspondence,  422-431. 

Smith  to  Elliot,  February  22, 1845.  Denies  validity  of  Little  Penn  claim  on  grounds 
that  goods  really  belonged  to  Mexicans.  Senate  Journal,  9th  Tex.  Cong.,  extra  sess., 
64-67. 

Jones  to  Aberdeen,  March  31,  1845.  It  has  been  thought  advisable  to  have  Elliot 
go  to  Mexico.    Jones,  Memoranda  and  Official  Correspondence,  475-476.  . 

Elliot  to  Jones,  April  3,  1845.  The  new  government  in  Mexico  adheree  to  the 
favorable  disposition  expressed  by  Santa  Anna.  Jones,  Memoranda  and  Official 
Correspondence,  441. 

Elliot  to  Jones,  April  5, 1845.  Will  leave  on  the  Eurydice.  Jones,  Memoranda  and 
Official  Correspondence,  443. 

Smith  to  Jones,  April  9,  1845.  Fears  that  when  it  is  known  that  he  has  been  sent 
to  Europe  public  opinion  will  become  inflamed  beyond  control.  Jones,  Memoranda 
and  Official  Correspondence,  446-449. 

Smith  to  Jones,  April  14,  1845.  Will  proceed  at  once  to  Boston  and  embark  for 
England  where  he  will  use  every  exertion  to  accomplish  his  mission.  Jones,  Memo- 
randa and  Official  Correspondence,  451. 

Elliot  to  Jones,  April  21,  1845.  The  Government  of  Mexico  has  demanded  of  Con- 
gress the  authority  to  treat  with  Texas.  Jones,  Memoranda  and  Official  Correspond- 
ence, 452-453. 

Smith  to  Jones,  May  1,  1845.  Arrived  at  Boston;  leaves  at  once  for  England.  His 
journey  has  caused  much  speculation  in  the  United  States.  Jones,  Memoranda  and 
Official  Correspondence,  456-457. 

Elliot  to  Jones,  June  12, 1845.  The  excitement  in  the  United  States  may  drive  the 
Mexicans  out  of  the  humor  of  complying  with  the  preliminaries  of  the  treaty.  Jones, 
Memoranda  and  Official  Correspondence,  468-469. 

Elliot  to  Jones,  June  13, 1845.  Should  the  present  storm  blow  over,  Texas  can  rely 
on  the  friendship  of  England.  Implores  Jones  to  preserve  Texas.  Jones,  Memoranda 
and  Official  Correspondence,  470-471. 

EUiot  to  Allen,  June  13,  1845.  Takes  formal  leave  upon  departing  from  Texas. 
Senate  Joiunal,  9th  Tex.  Cong.,  extra  sess.,  67-68. 

Allen  to  Smith,  June  26,  1845.  There  is  no  doubt  that  annexation  will  be  accom- 
plished; recalls  Smith.  The  Morning  Star,  August  16,  1845;  Telegraph  and  Texas 
B^;ister,  Au^;u8t  20,  184^. 


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48  AMERICAN  HISTORICAIi  ASSOCIATION. 

Terrell  to  Jones,  July  25,  1845  (extract).  Has  just  arrived  from  Liverpool.  Jones, 
Memoranda  and  Official  Correspondence,  481. 

Elliot  to  Jones,  January  4,  1846.  Sends  a  copy  of  a  despatch  from  Lord  Aberdeen. 
Jones,  Memoranda  and  Official  Correspondence,  508. 

COEBBSPONDBNCE  WTTH  PRANCE. 

Henderson  to  Jones,  October  6,  1838.  Had  an  interview  with  Count  Mol^  relative 
to  recognition.    Jones,  Memoranda  and  Official  Correspondence,  133-135. 

Henderson  to  Jones,  October  28, 1838.  Believes  Texas  will  be  recognized  by  France 
before  March.  He  is  not  much  concerned  about  a  commercial  arrangement.  Jones, 
Memoranda  and  Official  Correspondence,  135-137. 

Henderson  to  Jones,  November  12,  1838  (extract).  The  withdrawal  of  the  annexa- 
tion proposition  has  removed  the  one  obstacle  to  the  recognition  of  Texas  by  France  and 
England.  His  proposition  for  a  commercial  arrangement  will  be  accepted  by  the 
French  King.    Jones,  Memoranda  and  Official  Correspondence,  137-138. 

Henderson  to  Jones,  December  5,  1838  (extract).  Thinks  Texas  should  not  allow 
vessels  manned  by  free  n^;roe8  to  enter  her  ports.  Jones,  Memoranda  and  Official 
Correspondence,  138-139. 

Henderson  to  Jones,  December  28,  1838.  Nothing  of  importance  has  transpired 
since  his  last.    Jones,  Memoranda  and  Official  Correspondence,  144-145. 

Henderson  to  Jones,  June  20, 1839.  The  French  King  is  anxious  to  recognize  Texas 
provided  Saligny's  report  is  favorable.  Pontois  thinks  that  the  question  of  slavery  is 
influencing  Great  Britain  to  delay  recognition.  Jones,  Memoranda  and  Official  Cor- 
respondence, 146-147. 

Soult  to  Hamilton,  September  12, 1839.  The  Republic  of  France  will  facilitate  the 
n^otiation  of  the  loan.    Telegraph  and  Texas  Register,  February  16, 1842. 

Henderson  to  Jones,  September  27,  1839  (extract).  Has  completed  the  n^otiation 
for  the  loan.  Will  leave  for  England  in  a  few  days.  Jones,  Memoranda  and  Official 
Correspondence,  1,47-148. 

Hughes  to  Jones,  March  24, 1840.  Tells  of  his  part  in  bringing  about  recognition  by 
France.    Jones,  Memoranda  and  Official  Correspondence,  153-155. 

Guizot  to  Hamilton,  March  31,  1841.  Received  his  letter  in  which  he  recalls  the 
promise  of  Marshall  Soult.  A  guaranty  of  such  a  nature  would  have  to  be  submitted 
to  the  Chambers.  Doubts  its  passage.  Telegraph  and  Texas  Register,  February  16, 
1842. 

Hamilton  to  Guizot,  April  21,  1841.  Regrets  that  the  Government  has  withdrawn 
its  guaranty  of  the  loan.    Telegraph  and  Texas  Register,  February  16,  1842. 

Saligny  to  Jones,  November  21,  1841  (extract).  His  Government  has  vindicated 
him  of  the  charges  against  him  and  he  is  preparing  to  return  to  Texas.  Jones,  Memo- 
randa and  Official  Correspondence,  173-174. 

Saligny  to  Jones,  December  6, 1841  (extract).  Thinks  the  views  of  his  Government 
relative  to  the  charges  against  him  are  as  conciliatory  as  those  of  Texas.  Jones,  Memo- 
randa and  Official  Correspondence,  174-177. 

Hamilton  to  Jones,  March  2,  1842.  Thinks  that  the  Saligny  affair  should  be  kept 
open  no  longer.    Jones,  Memoranda  and  Official  Correspondence,  177. 

Jones  to  Smith,  January  31,  1843.  Smith  is  to  make  representations  to  the  Crovem- 
ments  of  France  and  Great  Britain  relative  to  the  predatory  warfare  carried  on  by 
Mexico.    Telegraph  and  Texas  Register,  June  21,  1843. 

Jones  to  Smith,  Jime  10, 1843.    See  Calendar  of  Correspondence  with  Great  Britain. 

Hughes  to  Jones,  November  24,  1843  (extract).  Claims  credit  for  securing  recogni- 
tion of  Texan  independence  by  France  in  1839.  Jones,  Memoranda  and  Official  Cor- 
respondence, 271-273. 


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CALENDAB  OF  PRINTED  COBBBSPONDENCE.  49 

Smith  to  Jones,  January  29,  1844.  Believes  the  best  feelings  are  entertained  for 
Texas  both  at  Paris  and  London.  Jones,  Memoranda  and  0£icial  Oonre^pondence, 
304-305. 

Guizot  to  Saligny,  August  1, 1844.  Saligny  is  to  discourage  annexation  as  much  as 
possible.    Niles'  Roister,  LXIX,  403. 

Smith  to  Jones,  November  14,  1844.  Glad  to  hear  ol  his  election  as  President. 
Jones,  Memoranda  and  Official  Copespondence,  399-401. 

Terrell  to  Jones,  November  22,  1844  (extract).  Saligny  has  received  despatches 
Erom  his  Government  on  the  subject  of  annexatiim.  France  will  give  the  guaranty 
spoken  of  by  Doctor  Smith  provided  Texas  will  suspend  annexation  operations.  Jones, 
Memoranda  and  Official  Corre^)ondence,  404-405. 

Saligny  to  Jones,  April  3, 1845  (extract).  Has  received  cheering  news  from  Mexico. 
Leaves  for  New  Orleans  soon.  Jones,  Memoranda  and  Official  Correspondence,  443- 
444. 

Saligny  to  Jones,  May,  1845.  The  Deputies  of  Mexico  have  declared  in  favor  of 
Texan  independence  by  a  vote  of  41-43.  Jones,  Memoranda  and  Official  Correspond- 
ence, 463-464. 

DeCyprey  to  Jones,  May  20,  1845.  See  Calendar  of  Correspondence  with  the 
United  States  in  Part  I. 

Jones  to  DeCyprey,  June  6, 1845.  See  Calendar  of  Correspondence  with  the  United 
States  in  Part  1. 

CORBBSPONDBNCB  WITH  SPAIN. 

Fisher  to  Jones,  May  3,  1842.  Gives  news  of  movement  of  Spanish  fleet  in  the 
Gulf  of  Mexico,  and  suggests  that  n^otiations  be  opened  with  Spain  for  a  treaty  of 
commerce  in  order  that  she  may  not  force  the  blockade.  Jones,  Memoranda  and 
Official  Correspondence,  195-196. 

CORBBSPONDBNCB  WITH  BBLOIUM. 

Lipscomb  to  Hamilton  and  Burnley,  April  18,  1840.  Hamilton  is  authorized  to 
negotiate  a  treaty  of  amity  and  commerce  with  Belgium.  Relations  between  Great 
Britain  and  the  United  States,  and  status  of  affairs  between  Mexico  and  Texas. 
House  Journal,  5th  Tex.  Cong.,  Appendix,  277-280. 

CORBBSPONDBNCB  WITH  THB  NBTHBRLAJ^DS. 

Hamilton  to  Lipscomb,  June  6,  1840.  Asks  for  power  to  treat  with  Belgium  and 
Holland  for  the  recognition  of  independence,  and  for  conunercial  treaties.  House 
Journal,  5th  Tex.  Cong.,  Appendix,  286. 

Hamilton  to  Lipscomb,  July  28,  1840.  Reports  progress  of  n^otiations  with  the 
Netherlands  for  recognition  preparatory  to  securing  a  loan,  and  discusses  prospects 
for  securing  a  loan  in  France  or  Great  Britain.  House  Journal,  5th  Tex.  Cong., 
Appendix,  287-291. 

Hamilton  to  Lipscomb,  September  1, 1840.  Reports  on  course  of  negotiations  with 
the  Netherlands  for  recognition,  and  discusses  prospects  for  securing  a  loan  in  Europe. 
House  Journal,  5th  Tex.  Cong.,  Appendix,  292-293. 

CORRBSPONDBNCE  WITH  THB  HAN8E  TOWNS. 

Daingerfield  to  Jones,  February  4, 1843.  Has  received  information  relative  to  the 
government  of  the  Hanse  Towns.  Jones,  Memoranda  and  Official  Correspondence, 
207-209. 

Daingerfield  to  Jones,  April  22,  1844.  Sends  greetings.  For  official  information 
refers  to  despatches  of  the  same  date.  Jones,  Memoranda  and  Official  Correspond- 
ence, 347-348. 

39728**— VOL  2,  pt  1—11 4 


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50  AMEBICAN  HISTORICAL  ASSOCIATION. 

Daingerfield  to  Jones,  November  8,  1844.  Congratulates  Jones  on  hb  election  to 
the  Presidency.  Has  been  counteracting  Mexican  influence  in  Hamburg.  Jones, 
Memoranda  and  Official  Correspondence,  394-396. 

COBRE8PONDBNCB  WITH  THE  PAPAL  STATES. 

Cardinal  Fransonius  to  President  of  Texan  Republic  [Burnet],  July  18, 1840  (trans- 
lation). Announces  appointment  of  John  Timon  as  prefect  apostolic,  or  pastor  of  the 
Catholic  Church  in  Texas,  and  of  other  priests  as  his  associates,  asks  that  property  of 
the  church  be  turned  over  to  Timon,  and  commends  them  all  to  Burnet's  aid  and  pro- 
tection.   Ikin,  Texas,  77-78. 

Burnet  to  Cardinal  Fransonius,  December  24,  1840.  Announces  that  principles  of 
religious  toleration  prevail  in  Texas  although  most  of  the  citizens  axe  Protestants,  and 
promises  that  such  property  of  the  Catholic  Church  as  can  be  identified  will  be  turned 
over  to  Timon.    Ildn,  Texas,  78-79. 


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CORRESPONDENCE  HITHERTO  UNPUBLISHED. 

CORRESPONDENCE  WITH  THE  UNITED  STATES. 


AddUional  Letters,  1835-1842.'' 
Jacksok  to  Houston.** 


Houston  to  Henderson  .« 

In  the  name  of  the  Republic  of  Texas,  Free,  Sovereign  and  Inde- 
pendent. To  all  whom  these  Presents  shall  come  or  may  in  any 
wise  concern.    I  Sam  Houston  President  thereof  send  Greeting 

Whereas  it  is  the  ardent  desire  and  interest  of  this  Government  to 
open  an  intercourse  between  it  and  the  United  States  Government 
upon  just  and  liberal  terms  and  to  procure  the  acknowledgement  by 
that  Government  of  the  Independence  of  Texas,  and  whereas  accord- 
ing to  usage  that  Government  cannot  receive  a  minister  from  this 
Republic  until  its  Independence  is  acknowledged.  Therefore  I  Sam 
Houston  President  of  the  Republic  of  Texas  by  virtue  of  the  authority 
vested  in  me  by  the  Constitution,  do  by  these  presents  nominate, 
constitute  and  appoint  William  H  Wharton  and  Memucan  Hunt, 
the  agents  and  representatives  of  this  Government,  to  the  Govern- 
ment of  the  United  States  with  full  power  as  such  to  negotiate  for  the 
recognition  of  the  Independence  of  this  Republic  with  the  authorities 
of  that  Government,  and  to  do  all  necessary  acts  and  things  for  the 
purpose  of  effecting  the  object  of  their  agency. 

In  Testimony  whereof,  I  have  signed  these  Presents,  and  aflSxed 
my  private  Seal,  there  being  no  great  Seal  of  OflBce  yet  provided. 
Done  at  the  Town  of  Columbia  this  31st  day  of  December  A  D  1836 
and  of  the  Independence  of  this  Republic  the  first. 

Signed 
Sam  Houston  P.  S. 

L.  s. 

J  PiNCKNEY  HeNDEBSON 

Acting  Secy  of  State. 

aTbe  oorrespondeDoe  for  this  period  was  published  in  Part  I,  but  what  is  here  given  has  been  discovered 


h  September  4, 1836.    Bee  Calendar,  Correspondence  with  the  United  States,  addenda  (in  Part  H). 
•See  Records  of  Department  of  State  (Texas),  Book  38,  p.  13. 

51 


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62  AMEBIGAK  HISTORICAL  ASSOCIATION. 

BUBNLET  TO  JONBS.* 


Williams  to  Jokes.* 


Webb  to  La  Branched 

Department  of  State 
Houston  27th  May  18S9. 
Sm 

I  have  the  honor  to  acknowledge  the  recpt  of  your  communication 
of  the  13th  Instant  announcing  the  appointment  by  the  Govemment 
of  the  United  States,  of  a  Commissioner,  Surveyor,  and  Clerk,  pur- 
suant to  the  Convention  entered  into  between  the  United  States  of 
America  and  the  Republic  of  Texas  for  marking  the  boundary 
between  the  two  Countries,  and  to  inform  you,  that  on  the  part  of 
this  Government,  Branch  T.  Archer  has  been  appointed  Commissioner, 
C.  R.  Johns  Surveyor  and  Hamilton  Bee  Clerk,  to  Carry  into  effect 
the  objects  contemplated  by  said  convention. 

I  have  also  the  honor  to  inform  you  that  these  officers  will  be 
directed  to  meet  in  New  Orleans  on  the  first  Monday  in  August  next, 
agreeably  to  one  of  the  provisions  of  said  Convention,  at  which  time 
it  is  hoped  that  the  officers  appointed  by  the  United  States  Govern- 
ment will  be  prepared  to  join  them  for  the  purpose  of  entering  upon 
the  discharge  of  their  respective  duties 

I  have  the  honor  to  be,  with  sentiments  of  the  highest  esteem  and 
Respect  Your  Obdt.  Servt. 

James  Webb. 
[Acting  Secretary  of  Siaie^ 
Honl.  Alci^e  La  Branghe 
Ohargi  d^  Affaires  of  the 
United  States, 
Houston, 


^^■^^■^*^^— 


a  Oetober  11 ,  1838.   Se«  Calendar,  Correspondence  wltli  tbe  XJi|lte4  States,  aidmia  (|n  P^rt  H). 
h  March  11 ,  1839.    See  Calendar,  Correspondence  with  the  United  States,  odAenia  (in  Part  n). 
eSee  Records  of  Departmrot  of  State  (Texas),  Book  M,  p.  108. 


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00bbbspokd£hg£  with  the  united  states.  53 

buknet  to  dunlap.® 

Department  of  State 

Houston  3d  Jum  18S9. 
Honorable  Richd.  G.  Dtjnulp. 
Sm, 

I  am  instructed  to  inform  you  that  the  President  has  appointed 
Branch  T.  Archer  Commissioner,  C.  R.  Johns  Surveyor,  and  Hamilton 
Bee  Clerk  to  carry  into  effect  the  convention  for  running  the  line 
between  the  United  States  and  this  Republic. 

These  officers  will  be  directed  to  repair  to  New  Orleans  in  time  to 
meet  those  appointed  on  the  part  of  the  United  States  on  the  first 
Monday  in  August  next. 

I  have  the  honor  to  be  Your  Obedient  Servant. 

David  G.  Subnet  Actg  Secty  of  State. 


Amobt  to  Dunlap.^ 

Department  op  State 
Houston  July  84th  1839. 

I  am  instructed  by  the  President  to  inform  you  that  the  following 
changes  in  the  appointments  of  Commissioner  and  Surveyor  on  the 
part  of  this  Government  to  run  and  mark  the  boundary  line  betwe^i 
the  United  States  and  Texas,  have  been  made,  and  to  request  that 
you  will  give  notice  thereof  to  the  Government  of  the  United  States. 

In  the  place  of  Branch  T.  Archer  Esqr  (of  whose  appointment  as 
Conunissioner  you  were  notified  on  the  3d  Jime  last,  and  who  from 
private  considerations  has  since  been  compelled  to  decline  acting) 
the  Honl.  Isaac  N.  Jones  has  been  appointed,  and  in  the  place  of  C. 
R  Johns  Esqr.tieorge  W.  Smyth  Esqr  has  been  appointed  Surveyor. 

As  circumstances  not  now  foreseen  may  prevent  the  attendance  of 
one  or  both  of  these  Gentlemen  at  New  Orleans  on  the  day  appointed 
for  the  meeting  of  the  Commissioners,  and  to  avoid  any  disappoint- 
ment or  delay  on  the  part  of  this  Government  in  causing  the  line  to  be 
run,  David  Sample  Esqr  has  been  duly  authorized  to  act  as  commis- 
sioner in  the  place  of  Doct  Jones,  should  the  latter  GrentlemMi  not 
attend,  and  if  neither  of  them  attend,  then  Lieut  Col.  Peter  B.  Dexter 
of  the  Texian  Army  will  be  authorized  to  act,  and  in  the  event  of  the 
failure  of  the  Surveyor  to  attend,  the  Commissioner  will  be  authorized 
to  appoint  some  other  competent  person,  and  to  proceed  with  the 
work  immediately. 

You  will  perceive  in  this  determination  of  the  President  to  guard 
against  all  contingencies  which  might  interrupt  the  progress  of  the 

a  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  115-116. 
h  See  Beoords  of  Dqiartment  of  State  (Texas),  Book  88,  p.  120-121. 


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54  AMEBICAN  HISTORICAL  ASSOCIATION. 

work,  his  great  desire  for  its  speedy  accomplishment,  and  he  trusts 
that  an  equal  anxiety  is  felt  by  the  Government  of  the  United  States 
to  bring  to  a  satisfactory  adjustment  this  troubled  question.^ 
I  have  the  honor  to  be  with  great  respect 
Your  obedient  Servant 

Nathl  Amory.  Adg  Sedy  of  State 
Honl  R.  G.  DuNLAP. 

Minister  Plenipotentiary  of  the 

Government  of  Texas.  Washington. 


Burnet  to  Dunlap.^  • 

Department  of  State 
Houston  19th  August  18S9 
To  the  Honl. 

R.   G  DuNLAP 

Sir, 

I  have  the  pleasure  to  acknowledge  several  communications  from 
you  recently,  and  one  from  Mr  Roberts  of  the  2d  Inst.  ^  enclosing  copy 
of  a  communication  from  Mr  Poinsett  Secretary  of  War  to  yourself.   . 

I  regret  to  observe  that  Mr  Poinsett  seems  to  restjrict  the  obliga- 
tions of  the  United  States  growing  out  of  the  treaty  with  Mexico,  to 
Indians  resident  within  the  United  States.  The  prevention  of  any 
encroachments  upon  our  territory  from  such  Indians  is  certainly  very 
desirable  on  our  part,  and  manifestly  incumbent  on  that  of  the  Gov- 
ernment of  the  United  States.  But  there  is  another  description  of 
Indians  whose  annoyances  are  equally  intolerable  to  us  and  who  are 
equally  within  the  perview  of  the  treaty  stipulations.  The  band  of 
Cherokees  lately  under  the  Chieftainship  of  the  notorious  Bowls* 
have  been  resident  for  some  years  in  Texas,  but  they  are  orijginally' 
Indians  of  the  United  States,  and  having  been  unwelcome  intruders 
here,  have  never  lost  their  American  character,  nor  acquired  social  or 
political  rights  here.    They  are  clearly  the  legitimate  subjects  of  the 

a  There  was  an  extensive  correspondence  between  the  oommlssioners  of  the  United  States  and  those  of 
Texas,  and  between  the  Texan  government  and  Its  commissioner,  part  of  which  has  been  published  In 
Sinate  Doa.,  27th  Cong.,  2d  Sess.,  Ill  (Serial  No.  397),  Doc.  199,  and  Howe  Docs.  27th  Cong.,  2d  Sess.  n 
(Serial  No.  402),  Doc.  51,  and  more  is  copied  in  Records  of  the  Department  of  State  (Texas),  Book  51.  The 
main  question  raised  in  this  correspondence,  namely,  whether  the  mouth  of  the  Sabine  should  be  inter- 
preted to  mean  the  point  where  the  river  enters  Sabine  Lake  or  the  point  where  the  lake  debouches  into 
the  Oulf  of  Mexico  and  by  consequence  whether  the  lake  should  be  regarded  as  lying  wholly  within  the 
United  states  or  not— is  quite  interesting  and  important;  but  since  Forsyth  refused  to  recognize  author- 
ity of  the  commissionerB  to  deal  with  the  question  and  censured  Overton,  the  United  States  commissioner, 
for  engaging  In  the  discussion  (see  his  letter,  in  Pub.  Does.,  402,  cited  above),  and  since  considerations  of 
gpaoe  in  the  publication  of  this  Correspondence  are  claiming  attention,  the  series  to  which  this  note  refers 
is  omitted. 

h  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  122. 

«InPartI,p.4U. 

d  As  to  the  form  of  this  name,  see  Handbook  of  Amenean  Indtans  North  of  Mexico,  Part  I,  les. 


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COBBBSPONDENCB  WITH  THE  UNITED  STATES.  55 

Treaty  stipulation  on  the  part  of  the  United  States  and  properly 
belong  to  their  jurisdiction  and  control. 

The  Caddoes  are  more  recent  intruders  upon  our  territory  and  they 
commenced  their  hostihties  before  they  had  the  audacity  to  pass  the 
line  of  the  United  States.  The  Kickapoos,  Shawnees,  Delawares,  and 
Several  Minor  bands  of  the  Creek  tribe  are  in  similar  circumstances, — 
and  these  all  have  combined  together  in  depredating  upon  our  scat- 
tered frontier  famihes. 

You  have  probably  heard  of  the  late  campaign  against  the  Chero- 
kees  and  its  results.  It  is  not  ascertained  whether  they  have  actually 
passed  the  Une  of  the  United  States  or  whether  they  have  only  dis- 
persed in  small  parties  and  are  meditating  a  cruel  and  desultory  war 
upon  our  borders.  They  have  been  pretty  severely  chastised  and  we 
entertain  a  hope  that  they  will  give  us  no  further  Molestation.  If 
they  shall  have  crossed  into  the  United  States  it  is  important  that 
some  adequate  steps  be  taken  by  that  Government  to  prevent  their 
returning.  If  they  should  return,  it  will  be  more  than  probable  that 
Many  of  the  restless  spirits  among  the  tribes  lately  translated  to  our 
vicinity  will  unite  with  them  and  by  becoming  participants  in  the  war 
here,  will  eventually  kindle  a  flame  that  will  spread  along  the  whole 
line  of  the  Missouri.  The  death  of  Bowls  has  deprived  the  tribes 
resident  in  Texas,  of  their  most  intelligent  and  mischievous  head, 
and  has  in  a  great  measure  subverted  their  political  powers  by  destroy- 
ing their  means  of  combination.  Still  they  may  be  capable  of  inflict- 
ing grievious  evils  upon  our  frontier  settlements,  by  desultory  incur- 
sions, and  it  is  very  important  that  we  avail  ourselves  of  every  possible 
and  just  method  of  prevention. 

The  propriety  of  the  application  to  the  Government  of  the  United 
States  in  respect  to  these  bands,  is  so  obvious  that  the  President  does 
not  feel  it  needful  to  present  any  further  reasons  in  elucidation  of  it. 

The  Presidents  health  is  improving.    We  shall  shortly  be  busily 
employed  in  removing  to  Austin. 
I  have  the  honor  to  be 

Your  Obdt.  Servt,  David  G.  Subnet 

Actg  Secretary  of  State. 


Embebson  to  Johnston.* 


a  September  2, 1839  (extract).    See  Amory  to  Dunlap,  October  25, 1839,  In  thia  series  of  addenda. 


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56  american  histobical  association. 

duklap  to  dunlap.« 

Bank  United  States 

Seftr  £8,  1839. 
Dear  Oeneral 

You  will  of  course  apprise  the  proper  authorities,  that  amount 
advanced  to  day,  for  the  Bill  on  London,  say  $3633.33  (Three  thou- 
sand six  hundred  and  thirty  three  33/100  dollars)  is  to  remain  here 
undrawed,  of  the  deposit  at  present  existing  in  this  Bank  until  the 
Bill  is  paid,  and  will  much  oblige  me  by  addressing  to  me  a  note 
saying  that  you  have  so  advised  them 
Always  yours 

T  DUNLAP 

Gen  R  G.  Duklap 


Amort  to  Dunlap.* 

Department  op  State 

Austin  26th  Odr  1839 
Sir, 

The  Honl  David  O.  Burnet  Actg  Secty  of  State  being  at  present 
absent  from  the  seat  of  Government,  I  am  instructed  by  his  Excel- 
lency the  President  to  transmit  you  a  certified  copy  of  a  communi- 
cation received  this  day  by  the  Honl.  A.  Sidney  Jonston*  secre- 
tary of  War,  from  John  EiUberson  Captain  of  a  company  of  Texas 
Rangers  on  our  North  eastern  frontier,  with  a  request  that  you 
will  make  its  contents  immediately  known  to  the  Government  of 
the  United  States,  in  order  that  prompt  measures  may  be  adopted 
by  that  Government  to  prevent  the  threatened  invasion  of  Texas 
by  the  Indians  therein  alluded  to,  and  restrain  them  within  their 
proper  boundaries. 

That  the  action  of  the  United  States  Government  on  this  subject 
will  be  prompt  the  President  feels  the  fullest  confidence,  from  the 
repeated  assurances  of  Mr  Poinsett  Secretary  of  War  as  commu- 
nicated through  yourself,  that  his  Government  would  oppose  force 
to  any  body  of  Indians  which  might  attempt  to  pass  into  Texas, 
and  that  orders  had  been  given  to  the  Commanders  stationed  at  and 

a  Bee  ReoDtds  of  Department  of  State  (TezM),  Book  41,  p.  891.    This  letter  was  an  enckwnre  with  Dunlap 
to  Burnet,  October  12, 1839.  Part  I,  p.  420,  note  a. 
»  See  Records  of  Department  of  State  (Texas),  Book  38^.p.  137-138. 
e  Johnston. 


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COBBESPONDBNOE  WITH  THE  UNITED  STATES.  57 

near  the  line  of  the  two  Countries  to  Carry  out  these  views  of  the 
United  States  Government. 

I  have  the  honor  to  be  with  Sentiments  of 

High  Consideration^  Your  Obdt  servant 

Nathl  Amort 

CI^  Clk  Dept  of  State. 
Honl 

KiGHABD  G.  DUIOAP 

Minister  far  the  Republic  of  Texas 

Washington/ U.  S. 


Bztnet  of  a  letter  direeted  to  the  Honl  A  Sidney  J<diiifltoii  Secretary  of  War  from  John  Brabenoo  oom- 
znanding  a  company  of  Texas  Raogers  dated  Camp  Bols  d'Aic  Sept  2d  1839. 

Since  my  last  nothing  of  importance  has  transpired  on  this  frontier, 
no  sign  of  any  Indians  crossing  Red  River,  either  to  or  ft*om  Texas 
with  the  exception  of  a  small  party  of  Pawnees  a  few  days  ago, 
on  their  way  from  Texad,  to  their  Village  on  the  North  side  of  Red 
River,  which  party  was  permitted  to  pass  unmolested,  and  crossed 
ihe  Red  River  in  peace  and  safety.  This  party  informed  us,  of  a 
party  of  Cherokees,  Settled  and  are  now  remaining,  on  the  East  fork 

of  the  Trinity  River  about We  will  keep  a  close  watch  for 

them. 

I  have  just  received  a  communication  from  Mr  Clark  Sub  Agent 
for  the  CSioctaw  Indians  of  the  United  States,  which  informs  us  that 
a  party  of  Cherokees  are  now  embodying  on  the  Arkansas  River 
for  the  purpose  of  invading  Texas,  and  advising  me  to  keep  a  close 
watch  for  them.  I  believe  the  United  States  Indian  Agents  are 
doing  all  in  their  power  to  prevent  the  Indians  from  crossing  Red 
River  to  commit  depredations  upon  our  Citizens.  Yet  it  will  be 
impossible  to  prevent  it,  so  long  as  Red  River  remains  the  dividing 
line  for  200  Miles  between  our  Settlements,  and  the  Indians  and  no 
station,  or  Military  post,  at  any  point  upon  said  Stream. 

Department  of  State,  Austin  Oct  26-  1839 
(Seal)     I  certify  the  foregoing  to  be  a  true  copy 

N.  Amort.  Chf  CJk  Dept  State. 


Burnet  to  La  Branche.<» 

Department  of  State 

OUy  of  Austin  99  Novr  18S9. 
The  Undersigned,  Acting  Secretary  of  State,  has  the  honor  to 
acknowledge  the  receipt  of  the  note  of  28th  Inst.*  from  the  Honl 


aSeeReoord8ofDepeitm^tofState(Texa8),  Book38,p.  128.  bInPartl. 


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58  AMBBICAN  HISTOBICAL  ASSOCIATIOK. 

Charg6  d' Affaires  of  the  United  States,  representing  that  ''another 
violation  of  the  territory  of  the  United  States  has  been  committed 
by  a  Military  officer  of  Texas  " 

The  undersigned  has  submitted  that  note  to  the  President  and  has 
great  pleasure  in  reiterating  to  the  honorable  Mr  La  Branche  his 
sentiments  on  the  subject  and  to  assure  him  that  an  enquiry  will 
be  instituted  into  the  relative  facts  that  the  officer  who  may  be 
found  to  have  so  transgressed,  will  be  suitably  admonished  of  his 
indiscretion;  and  that  such  further  measures  will  be  adopted  as  it 
is  hoped  will  effectually  prevent  the  recurrence  of  a  similar  event. 
The  President  is  sensible  of  the  many  difficulties  incident  to  border 
Settlements  where  the  population  of  the  remote  frontiers  of  Two 
Gk)vemments  are  put  in  juxtaposition.  In  the  present  instance 
those  difficulties  are  probably  enhanced  by  the  fact  that  the  line  of 
demarcation  between  the  two  Governments  has  not  been  definitively 
ascertained  and  by  the  consequent  inability  of  this  Government  to 
perfect  its  domestic  organization  in  that  quarter  of  the  Republic. 

It  affords  the  undersigned  great  satisfaction  to  assure  the  Honl. 
Charg6  d' Affairs  of  the  United  States  that  nothing  can  be  more 
foreign  to  the  designs  or  repugnant  to  the  wishes  of  the  President 
and  indeed  of  the  people  of  Texas,  than  to  intercept  the  harmony 
and  good  understanding  which  so  happily  subsists,  and  it  is  confi- 
dently hoped  always  will  prevail  between  the  two  Grovernments. 

The  acting  Secretary  of  State  has  the  honor  to  repeat  to  the 
honorable  Mr  La  Branche  assurance  of  his  high  consideration  and 
Regards. 

David  G  Burnet. 

To  the  Honorable 

Alcee  La  Branche,  ChargS  d' Affaires 

of  the  United  States.  Austin. 


ScuRLocK  TO  Burnet.* 


Williams  to  Burnet.* 


RowLETT  TO  Burnet/ 


a  November  30, 1839.    See  Burnet  to  La  Branche,  December  7, 1839,  in  this  series  of  addenda. 

6  November  30, 1839.  See  Burnet  to  La  Branche,  December  7, 1839,  in  this  series  of  addenda.  In  the  copy 
the  date  is  incorrectly  given  as  1837. 

c  Undated  but  probably  written  about  the  same  time  as  the  other  enclosures  in  the  letter  with  which  it 
was  sent.    See  Burnet  to  La  Branche,  December  7, 1839,  in  this  series  of  addenda. 


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corbbspondbncb  with  the  united  states.  59 

Burnet  to  La  Beanchb.* 

Department  of  State 

Austin  Deer  Sd  18S9. 
Sm,  I  have  the  honor  to  acquaint  you  that  in  place  of  David  Sam- 
ple Esqr  Commissioner  on  the  part  of  Texas  to  nm  and  mark  the 
boundary  line  between  this  Republic  and  the  United  States,  the 
Honl  Memucan  Hunt  has  been  appointed  and  will  reUeve  the  former 
Grentleman  on  arrival  at  a  point  where  he  may  meet  the  joint  Com- 
mission of  the  two  govenmients. 
With  great  consideration 

I  have  the  honor  to  be 

Your  Obedient  Servant 

David  G.  Burnet 
AcHTig  Secty  of  State. 
Honl 
Alo£e  La  Branohe 

Chargi  d/Af aires 

Of  the  United  States 
Austin. 


Burnet  to  La  Branche.* 

Department  of  State 

December  7th  18S9. 

Sm,  Agreeably  to  my  promise  in  the  conference  which  I  had  the 
honor  to  hold  with  you  on  yesterday,  relative  to  the  claim  of  Messrs 
Campbell  and  Dean,  which  was  presented  to  this  Government  by 
your  official  letter  of  18th  June  last,  I  am  directed  by  the  President 
to  remark.  « 

That,  the  (Jovemment  of  Texas  feels  itself  bound  to  make  full 
compensation  for  the  quantity  of  bacon  that  was  actually  pressed 
by  an  officer  of  the  Texian  Army,  from  the  possession  of  Mr.  R.  G. 
Bryerly,*'  as  alledged  in  your  note,  and  avouched  by  the  receipt  of 
that  officer.  The  only  difficulty  that  intervenes  an  immediate  set- 
tlement of  this  demand  results  from  the  excessive  price  which  the 
claimants  have  affixed  to  the  article.  To  render  justice,  is  a  common 
duty:  to  submit  to  imposition,  is  to  sanction  and  reward  iniquity. 
Messrs  Campbell  and  Dean  must  be  sensible  that  no  instance  can  be 
found  in  this  or  any  other  country,  of  inferior  and  damaged  bacon 
having  been  sold  at  two  dollars  per  pound.  On  this  Subject,  I  have 
the  honor  to  transmit  you  three  several  letters  from  gentlemen  of 

•See  Records  of  Department  of  State  (Texas),  Book  38,  p.  128. 
»8ee  Records  of  Department  of  State  (Texas),  Book  38,  p.  12»-ia0. 
cBryAriy. 


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60  AMBBICAN  HI8T0BI0AL  AS800IATI0K. 

high  respectability,  all  of  them  members  of  the  Congress  of  Texas. 
But  as  I  am  in  expectation  of  further  testimony  on  this  subject,  I 
would  resi>ectfully  suggest  the  propriety  of  deferring  the  discussion 
of  it  until  more  minute  information  can  be  had. 

In  reference  to  the  damages  claimed,  I  can  only  remark  at  present, 
that  the  question  of  damages,  and  the  amount,  if  any,  to  be  allowed, 
will  depend  upon  the  circumstances  of  the  case;  and  with  the  very 
limited  intelligence  we  now  have,  it  would  be  impossible  to  arrive 
at  a  satisfactory  solution.  The  whole  demand  is  so  exceedingly 
exorbitant  that  a  rigid  scrutiny  into  the  relative  facts,  seems  to  be 
indispensible  to  a  just  appreciation  of  it. 

I  have  the  honor  to  repeat  to  Mr.  La  Branche,  assurances  of  my 
high  consideration. 

David  G.  Burnet. 

Adg  Secty  of  State. 
To  the  Honl 

Alc£e  La  Branche 

Charge  d^  Affaires  of  the  United  States, 

(The  following  are  the  letters  transmitted  as  referred  to  above.) 

Austin  SOth  Novr.  18S9 
Honl  David  G.  Burnet. 

Sir,  Having  understood  that  the  Honl  Charg6  d'Affaires  of  the 
United  States,  near  the  (jovemment  of  the  Republic  of  Texas, 
has  claims  against  this  Government  for  10000  dollars  which  is 
charged  by  one  Davis  for  5000  pounds  of  inferior  bacon  pressed  by 
the  quarter  Master  of  the  fourth  Brigade  Texas  Militia.  Having 
been  myself  engaged  in  the  sale  of  Bacon  during  the  same  season, 
previous  to  said  impressment,  I  am  enabled  to  say  with  certainty 
that  at  the  time  of  tBe  impressment  of  said  bacon  and  previously, 
the  highest  price  for  which  any  was  sold  in  the  neighborhood  of  said 
bacon  unless  in  very  small  quantities  did  not  exceed  seventeen  cents 
per  pound,  average  price  from  15  to  17  cents  per  lb.  The  bacon 
taken  by  our  Quarter  Master  was  a  very  inferior  article  consisting  of 
Jowls,  Shoulders  and  Sides. 

Very  respectfully  Your  Obdt  Servt 

William  Scurlock. 


Austin  November  SOtJi  1837.^ 
To  Honl  David  G.  Burnbt. 

Ser,    I  was  acting  in  the  capacity  of  Assistant  Quarter  Master  for 
the  4th  Brigade  at  the  time  the  lot  of  bacon  (5000  pounds)  belonging 


a  This  la  apparently  the  copyist's  error  for  1839. 


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COBBBaPONPBJKOB  WITH  THB  UNITED  STATES.  61 

to  or  in  the  possession  of  a  Mr  Bryerly  a  citizen  of  Red  River  County, 
was  taken  for  th?  use  of  the  troops  of  the  hrigade,  and  it  was  always 
my  understanding  that,  the  ^boye  Bryerly  iirformed  Majr  West  the 
Quarter  Master  that  he  could  have  the  bacon.  I  am  quite  confident 
had  any  opposition  interfered,  this  bacon  would  not  have  been  taken. 
I  draw  this  inference  from  ipstructions  given  to  me  when  I  com- 
menced preparing  to  fit  out  the  2d  Battalion  of  the  1st  Regiment. 
I  can  further  say  that  this  was  an  inferior  lot  of  bacon,  and  much 
injured  by  bugs  worms  etc.  having  been  on  hand  through  the  sum- 
mer until  November  before  taken. 
Respectfully  yours  etc. 

Wii.i.uif  M,  WiULUUS. 


Honl  David  G.  Bubnet. 

Db  Sib,  J  have  examined  the  communications  from  Captains 
Scurlock  and  Williams  herewith  enclosed  and  am  certain  that  the 
statements  made  therein  are  strictly  true.  I  lived  in  the  adjoining 
county  at  the  time  of  taking  the  bacon  alluded  to  in  said  communi- 
cations, and  I  know  very  well  that  the  price  of  the  best  bacon  in 
small  lots  in  the  county  of  Red  River,  at  and  before  the  time  of  tak- 
ing said  bacon  was  from  15  to  17  cents  per  pound,  and  no  lot  was 
during  that  time  sold  for  a  higher  price,  during  the  summer  or  fall 
in  which  said  bacon  was  taken. 
Very  Respectfully 

D.  ROWLETT. 

Bubnet  to  ]L*a  BBAifcnE.<» 

Depabtment  op  State 

Austin  16th  Deer  1839— 

Sib,  Many  official  engagements  have  caused  me  to  defer  replying  to 
your  note  of  10th  inst^  which  was  received  some  days  ago. 

I  cannot  but  regret  that  the  phraseology  of  the  note  which  I  had 
the  honor  to  address  to  you  on  the  7th  instant,  should  give  occasion 
for  any  explanatory  discussion,  and  I  regret  it  the  more  because 
you  seem  to  have  misconstrued  its  meaning  in  several  particulars. 
I  was  perfectly  sensible  that  Messrs  Campbell  ^nd  Dean  had 
exercised  sufficient  adroitness  to  present  their  demand  in  two 
distinct  forms:  but  it  was  also  apparent  that  the  aggregate  sum 
demanded  for  five  thousand  (5000,  pounds  of  bacon  exceeded  ten 
thousand  (10.000-)  dollars,  which  is  something  more  than  two  (2) 
dollars  per  pound  for  the  Bacon.  The  three  letters  from  highly 
respectable  gentlemen,  copies  of  which  were  transmitted  to  you 

a  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  131-132. 
ftlnPartl. 


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62  AMEBICAN  HISTORICAL  ASSOCIATION. 

with  my  last  note,  afford  ample  testimony  of  the  facts,  that  the  bacon 
pressed  was  of  inferior  quaUty  and  damaged:  that  the  current  price 
of  good  bacon  in  the  neighborhood  and  at  the  time  of  the  pressing 
was  from  15  to  17  cents  per  pound:  and  one  of  them  very  distinctly 
intimates  that  the  bacon  in  question  was  taken  with  the  free  consent 
of  the  person  in  charge  of  it,  although  the  receipt  given  by  the 
Texian  Officer  purports  that  it  was  pressed.  I  therefore  cannot  per- 
ceive any  impropriety  in  considering  the  demand  as  one,  and  the 
price  of  the  bacon  actually  taken,  as  fairly  estimated  by  its  relative 
proportion  to  the  amount  demanded.  The  partition  of  the  claim  into 
two  separate  items,  does  not  vary  the  result  to  this  Government. 
We  acknowledge  to  have  received  5000  lbs  of  bacon  and  no  more  is 
alledged  to  have  been  taken.  If  10072f  j^  dollars  are  demanded 
for  it  we  are  evidently  required  to  pay  something  more  than  two  dol- 
lars per  pound.  The  allegation  of  Messrs  Campbell  and  Dean  that 
20193  pounds  of  inferior  and  damaged  bacon  was  totally  lost  incon- 
sequence of  5000  lbs  consisting  of  ''sides  shoulders  and  bones",  hav- 
ing been  taken  from  it,  is  too  preposterous  for  serious  consideration: 
and  I  am  persuaded  that  when  the  facts  are  fully  presented  to  your 
mind,  that  you  will  perceive  and  assent  to  its  absurdity.  But  it  is 
perfectly  cons6nant  to  the  further  fact  that  they  have  charged  for 
this  lost  bacon,  which  remained  in  their  own  possession,  something 
more  than  twice  the  current  value  of  the  article. 

I  am  constrained  to  express  my  surprise  that  you  could  for  one 
moment  imagine  I  intended  to  cast  any  ''imputation"  upon  the 
Government  of  the  United  States.  It  is  true,  that  Grovemment,  has 
"presented"  this  extraordinary  claim  and  in  doing  so,  it  has  dis- 
charged a  common  duty  to  its  citizens.  But  I  should  beUeve  with 
extreme  regret,  that  in  this  instance,  presentation  and  justification 
were  convertible  or  synonimous  terms.  I  have  not  so  understood 
it,  and  cannot  therefore  be  justily  supposed  to  have  designed  any 
imputation  upon  that  government  which  commands  the  highest 
filial  veneration  of  nearly  all  Texians. 

That  the  demand  of  Mess.  Campbell  and  Dean  is  utterly  unrea- 
sonable, will  I  am  convinced  be  made  apparent  to  you  when  all  the 
relative  facts  are  disclosed,  and  then  I  am  persuaded  you  will  not 
differ  with  me  in  the  moral  estimation  of  that  demand.  Enough  is 
already  apparent  to  satisfy  me  on  that  point,  and  to  corroborate  an 
opinion  founded  on  observation  that  some  men  of  ordinary  good 
repute,  have  small  restraints  of  conscience  in  making  up  demands 
against  a  government,  which  is  in  this  respect,  but  an  aggr^ation  of 
individual  interests  and  is  capable  of  being  defrauded. 

So  soon  as  the  further  information  which  I  am  expecting  on  this 
subject,  shall  be  received,  it  will  gratify  me  to  submit  it  to  you. 


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COBBESPONDENOE  WITH  THE  UNITED  STATES.  63 

I  have  the  honor  to  renew  assurances  of  my  high  consideration  and 
esteem. 

Your  Most  Obedient  Servant 

David  G.  Bubnet 
Acting  Secretary  of  State. 
Honl  AjjctE  La  Branche 

Chargi  d^  Affaires  of  the  United  States, 


Bubnet  to  La  Branche.** 

Department  op  State 

Austin  Deer.  17th  1839 
Sib 

I  hasten  to  acknowledge  your  note  of  this  morning,^  and  to 
express  my  entire  concurrence,  that  a  further  discussion  of  the  Sub- 
ject Matter,  ''is,  at  present  unnecessary  and  inopportune". 

In  my  opinion  enough  has  been  disclosed  to  Justify  all  that  I  have 
pronounced  upon  the  merits  of  the  demand  of  Mess  Campbell  and 
Dean — but  I  admit  also,  that  more  evidence  may  be  necessary  to  a 
correct  adjustment  of  the  Specific  amount  to  which  they  are  equitably 
entitled.  That  something  is  due  them  is  without  controversy,  but 
that  their  demand  is  exorbitant  and  unreasonable,  is  perfectly  clear 
to  my  perception,  and  in  pronouncing  it  so  I  have  no  desire  to  dimin- 
ish their  claim  a  fraction  of  a  cent  below  its  true  merits  what  those 
merits  are  is  the  essential  matter  for  discussion,  and  where '^  the  more 
minute  testimony  which  is  expected,  shall  be  received  it  will  afford 
me  pleasing  to  renew  the  subject,  and  I  trust  to  reduce  it  to  a  final 
and  satisfactory  conclusion. 

With  distinguished  consideration 

I  have  the  honor  to  be,  your  obt.  Servant 

David  G  Bubnet  Actg.  Secy  State 
Hon  AlgIib  La  Bbanche 

Chargi  de^  Affaires 


Bubnet  to  La  Bbanche.^* 

Depabtment  op  State 
Austin  Decemh.  20th  1839 
Sm 

Your  note  of  19th  inst.«  accompanied  by  a  copy  of  a  letter  from 
Capt.  J.  Shepard  of  the  Schooner  Robert  (^ntre,  I  had  the  honor  to 
receive  last  evening. 

a  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  132-133. 
bin  Part  I, p.  431. 

•  When. 

•  See  Becords  of  Department  of  State  (Texas),  Book  38,  p.  132. 

•  In  Part  I,  p.  432. 

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64  AMERICAN  HISTOBICAIi  ASSOCIATIOK. 

The  President  regret§  exceedingly  the  unfortunate  circumstances 
in  which  Capt  Shepard  is  involved  and  will  cheerfully  extend  to  him 
every  facility  in  his  power,  to  obtain  a  redress  of  his  alleged  griev- 
ances. Our  District  Judges  are  invested  with  exclusive  original 
jurisdiction  in  Maratime  cases,  and  it  so  happens  at  this  juncture  that 
the  judge  of  the  District  comprizing  the  port  of  Matagorda  is  on  his 
way  to  the  Capitol  to  attend  the  Supreme  Court  of  the  Republic,  of 
which  he  is  a  member. 

To  order  a  special  court  at  Matagorda  at  this  moment  might  seri- 
ously conflict  with  the  proximate  session  of  the  Supreme  Court,  and 
result  in  great  public  inconvenience.  But^  soon  after  the  adjourn- 
ment of  the  Supreme  court  as  may  be  practicable,  a  Special  Court 
for  maratime  purposes  will  be  held  at  Matagorda,  when  it  is  hoped 
and  believed,  Capt.  Shepard  will  have  ample  justice  dispensed  to  him. 
With  great  consideration  I  have  the  honor  to  be 
Your  obt  Servant 

David  G.  Burnet. 
Acting  Secretary  of  State 
Hon  Alc6e  La  Branche 

Charge  d'affaires  of  the  V.  States, 


RowLETT  TO  Burnet." 

Austin  6th  J  any  1840 
Hon  David  G.  Burnet 

Acting  Secretary  of  State 

of  the  Republic  of  Texas, 
D.  Rowlett  for  himself  and  as  Agent  for  others  humbly  petitioning 
sheweth  to  your  honor,  that  heretofore  on  the  1st  day  of  May  1839 — 
a  party  of  Cherokee  Indians  then  living  a  short  distance  above  Fort 
Smith  in  the  United  States  of  North  America  did  steal  and  carry  oflF 
from  the  county  of  Fannin  in  this  RepubUc  the  following  property 
namely — Two  Horses  the  property  of  D.  Rowlett  worth  three  hun- 
dred and  fifty  dollars, — one  horse  the  property  of  J.  Fitzgerald  worth 
one  hundred  and  fifty  dollars, — one  mare  belonging  to  J.  R.  Gamett 
worth  one  htmdred  and  fifty  dollars, — one  mare  the  property  of  John 
Dimcan  worth  two  hundred  dollars, — one  mare  the  property  of  George 
Duncan  worth  one  hundred  and  fifty  dollars, — two  mares  and  one  colt 
the  property  of  George  Dawson^  worth  two  himdred  dollars, — one 
horse  the  property  of  J.  C,  Dodds  worth  one  himdred  and  fifty  dollars, — 

a  See  Records  of  Department  of  State  (Texas),  Book  38,  pp.  133-134.  This  letter  was  enclosed  with 
Burnet  to  Donl^,  January  10, 1840,  which  was  published  as  itself  an  Sfwirnnni  In  Waples  to  Bee,  Sep- 
tember 30, 1840,  in  Part  I. 

ftDtmron. 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  65 

two  mares  the  property  of  John  and  Isham  Davis  worth  two  hundred 
dollars, — ^AU  amounting  in  Value  to  the  Sum  of  fifteen  himdred  and 
fifty  dollars.  Your  petitioner  would  further  state  that  Said  Indians 
were  pursued  by  himself  and  eleven  other  citizens  of  the  Coimty  of 
Fannin,  a  distance  of  about  two  hundred  and  fifty  miles,  and  so  closely 
that  said  Indians  were  compelled  to  leave  on  the  way  one  of  the 
mares  belonging  to  the  Davis's  which  was  retaken  on  their  trail,  and 
when  said  Indians  had  been  trailed  up  within  a  very  short  distance  of 
Fort  Smith  in  the  United  States  where  the  said  Indians  then  lived, 
your  petitioners  took  from  said  Indians  one  of  the  mares  belonging 
to  George  Dawson  and  the  colt  of  said  mare,  but  said  Indians  were 
able  to  conceal  the  ballance  of  the  property  stolen  as  aforesaid.  Your 
said  petitioners  then  went  to  Genl.  Armstrong  the  Cherokee  Agent 
State,  and  near  Fort  Smith  to  whom  they  made  complaint  and  said 
Agent  really  pronounced  that  the  Value  of  all  said  property  together 
with  the  expence  of  pursuing  it  should  be  retained  out  of  the  first 
annuity  which  might  fall  due  to  said  Indians  upon  proper  applica- 
tion being  made  for  the  same,  which  I  hope  you  will  do  through  the 
Charg6  de'aflfairs  of  the  United  States  residing  near  this  Govern- 
ment,— ^fifteen  hundred  and  fifty  dollars,  from  which  deduct  two 
hundred  and  twenty  five  dollars,  for  recoverd  horses,  leaves  a  bal- 
lance of  thirteen  himdred  and  twenty  five  dollars  to  which  add  the 
sum  of  two  himdred  and  fifty  two  dollars,  to  cover  the  expenses  of 
twelve  men  fifteen  days,  will  make  the  sum  of  fifteen  hundred  and 
seventy  seven  dollars  due  us  for  said  horses,  and  for  detecting  the 
theives  for  the  recovery  of  which  your  aid  is  most  respectfully  solicited, 
and  we  as  in  duty  bound  will  ever  pray  etc. 

D.  RowLETT  for 
Himadfand  others. 


Burnet  to  Dunlap.* 

Department  op  State 

Austin  Jan'y  SOth  ISJfi 
Sir 

The  President  has  learned  with  profound  regret,  that  the  Ambas- 
sador of  Texas,  accredited  to  the  Courts  of  France  and  Great  Britain 
has  sustained  a  high  indignity,  and  a  serious  interruption  on  his  home- 
ward passage  through  the  territory  of  the  United  States.^ 

It  appears  that  that  gentleman,  the  Hon  J  Pinckney  Henderson 
was  arrested  and  held  to  bail,  in  the  city  of  New  York,  shortly  after 
his  landing  from  Europe,  at  the  suit  of  Mr  Timothy  T.  Kissam  and 

o  See  Records  of  Department  of  State  (TezM),  Book  88,  p.  184-186. 
h  See  Henderaon  to  Bumet,  December  [9J,  ISSO,  in  Part  I, 

39728*— VOL  2,  ft  1— U 6 


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66  AMEBICAN  HISTORICAL  ASSOCIATION. 

also  at  the  suit  of  Messrs.  Holbrook  &  Co  Merchants  of  that  city. 
And  it  is  alleged  those  persons,  were  fully  apprized  of  the  ambassa- 
dorial character  of  the  gentlemen  against  whose  person  their  offensive 
proceedings  were  directed.  General  Henderson  in  a  letter  to  this 
Department  shortly  after  the  Unfortunate  transaction  occurred, 
remarks,  ''The  first  intimation,  I  had  of  their  claims  against  me 
was  from  the  Sheriffs  who  came  to  my  apartments  and  arrested  me 
with  as  little  ceremony  as  he  would  have  arrested  a  common  Felon, 
although  I  exhibited  to  him  my  commission  as  Minister  of  Texas  to 
France  and  England,  and  protested  against  the  arrest  as  an  insult 
to  Texas  and  a  Violation  of  her  ambassadorial  rights. " 

The  most  ancient  and  the  most  barbarous  nations  have  recognized 
the  rights  of  ambassadors  as  sacred  and  inviolable.  Those  rights 
include  as  a  special  privilege,  exemption  of  the  person  of  the  ambassa- 
dor from  the  civil  jurisdiction  of  the  country  in  which  he  may  reside 
and  to  whose  Sovereign  he  is  accredited.  When  that  country  is 
remote  from  his  own  and  it  becomes  necessary  to  pass  through 
other  dominions  in  order  to  reach  it  or  to  return  from  it,  his  ambas- 
sadorial immunities  accompany  his  progress,  and  all  Sovereigns 
through  whose  dominions  he  may  pass,  are  bound  by  the  usual  cotiiity 
of  nations  to  respect  his  representative  character  and  to  afford  him 
a  free  passage  without  molestation  or  hindrance  unless  his  transition 
be  attended  by  circumstances  which  involve  some  public  hazard  or 
inconvenience  to  the  coimtry  through  which  he  passes. 

Nothing  of  this  kind  can  be  alledged  in  the  passage  of  General  Hen- 
derson from  the  courts  of  France  and  Great  Britain,  through  the 
.  territory  of  the  United  States,  to  Texas.  He  entertained  no  poUtical 
schemes  adverse  to  the  interests  or  the  tranquility  of  the  Government 
of  the  United  States,  nor  Meditated  any  injury  to  any  of  its  citizens. 
His  object  was  simply  to  return  by  the  most  convenient  route  to  his 
own  country.  In  essaying  to  accomplish  this  object,  after  having 
rendered  eminent  services  to  his  country,  he  has  been  rudely  arrested 
and  subjected  to  great  inconvenience  and  indignity  within  a  govern- 
ment with  which  Texas  is  proud  to  acknowledge  her  relations  of 
amity  and  to  profess  her  alacrity  to  reciprocate  every  feeling  and 
every  act  of  national  Courtesy  and  friendship. 

The  government  of  Texas  is  not  insensible  of  the  Vast  disparity 
of  physical  power  between  itself  and  that  of  the  United  States. 
But  this  is  a  question  of  political  and  international  right,  and  is  not 
dependent  upon  physical  power  for  its  solution.  It  concerns  all 
nations,  for  all  are  interested  in  sustaining  the  necessary  immuni- 
ties, which  all  civilized  and  many  barbourous  powers  have  agreed 
reciprocally  to  confer  upon  those  who  bear  the  representative  char- 
acter of  a  nations  Sovereignty.  The  President  cannot  doubt  that 
the  government  of  the  United  States  will  Vindicate  those  immuni- 


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CX)RBESPONDENCE  WITH   THE  UNITED  STATES.  67 

ties  in  her  own  behalf,  and  will  also  cause  them  to  be  rigidly  respected 
on  the  part  of  her  citizens,  towards  other  Co-equal  Sovereignties. 

The  President  expects  you  will  represent  this  outrage  upon  the 
National  dignity  and  the  rights  of  Texas  in  Suitable  terms  to  the 
government  at  Washington,  and  that  you  will  request  at  their  hands 
such  reparation  as  from  the  facts  and  circumstances,  may  appear 
to  be  just  and  consonant  to  the  Usages  of  Nations.  General  Hen- 
derson was  subjected  to  a  delay  of  several  days  and  his  personal 
feelings  were  Violated  by  indecorous  language  touching  his  country, 
by  Mr.  Kissam,  one  of  the  Plaintiffs.  But  the  chief  indignity  was 
offered  to  the  Sovereignty  of  Texas  and  such  indignities  are  forcibly 
addressed  to  the  Sympathies  of  other  nations.  Annexed  you  will 
find  a  list  of  the  persons  concerned  in  these  affairs,*  which  list  you 
will  transmit  to  the  Grovemment  of  the  United  States  for  their  more 
certain  action.  It  cannot  be  doubted  that  that  government  which 
has  ever  approved  itself  wisely  jealous  of  its  own  rights,  will  feel  the 
necessity  of  instituting  prosecutions  against  its  citizens  who  who  have 
been  so  foi^etful  of  their  obligations  as  to  Violate  the  most  saJutory 
rules  of  inter-national  decorum  and  of  Universal  polity,  which  rules 
contribute  so  -much  to  the  Conservation  of  National  harmony,  by 
affording  a  free  passage  to  the  Messengers  of  peace  and  reconciliation. 
With  great  consideration 

I  have  the  honor  to  remain  etc. 

David  G.  Burnet  Acting  Sec  State 

To  Hon  R.  G.  Dunlap 


Lipscomb  to  La  Branche.* 

Department  of  State 

Austin  1st  April  1840 
Sir 

I  have  the  honor  to  acknowledge  the  receipt  of  yours  of  the  12th 
Ulto.*  in  relation  to  the  case  of  Mr  Shepard,  Master  of  the  Robert 
Center.  The  delay  in  the  case  of  the  Robert  Center,  was  occasioned 
by  a  Vacancy  on  the  Bench  in  the  Matagorda  District,  and  after  that 
Vacancy  had  been  fiUed  by  Congress,  the  judge  was  compelled  to 
give  his  attention  on  the  Supreme  Court  at  the  Seat  of  Government. 
There  has  been  a  Court  holden  at  Matagorda,  Since  the  date  of  Mr 
Shepards  letter  to  you,  and  I  have  no  doubt  his  case  has  been  dis- 
posed of. 

a  On  the  margin  of  the  Record  Book  at  this  point  is  written  '' Superior  Court  of  the  City  of  New  York. 
Timothy  F.  Kissam  ts  J.  Pinckney  Henderson  two  notes  BaU  13000  Lowell  Holbrook.  Thomas  S.  Nelson 
and  William  E.  Shepard  yb  the  same.  Jones  and  Peck  Deputy  ShefZs.  Dal.  Lord  Esqr.  and  Mr.  Buller  his 
partner  witnesses  to  the  arrest." 

»  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  139. 

«InPartI. 


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68  AMERICAN  HISTORICAL  ASSOCIATION. 

Accept  Sir  the  assurances  of  the  high  consideration  and  esteem  with 
which  I  have  the  honor  to  be,  your  obt.  Servant 

Abneb  S  Lipscomb 

Secretary  of  State 
To  Honl.  Alc£e  La  Bbanche 
Chargi  d' Affaires 
U.S. 


Lipscomb  to  Flood.* 

[Appointing  12  o'clock,  that  day,  for  an  interview  with  Flood,  to 
receive  his  credentials.]  ^ 


Deposftion  of  Swagerty  and  Others.* 

Republic  op  Texas 

County  of  Fannin 

10th  July  1840 
I  Samuel  McFarlane  an  acting  Justice  of  the  Peace  in  and  for  said 
County  Certify  that  Joseph  Swagerty,  Isham  Davis,  John  Davis, 
John  Damron,  George  Damron,  George  W.  Duncan,  John  Duncan 
and  Daniel  Rowlett  this  day  personally  appeared  before  me,  and 
after  being  duly  sworn  deposeth  and  saith  that  on  the  first  day  of 
May  1839  they  and  each  of  them  with  several  other  men,  left  their 
homes  in  Said  County  in  pursuit  of  twelve  mares  and  horses  which 
had  been  stolen  from  the  immediate  Neighbourhood  in  which  they 
lived  on  the  preceding  night,  that  after  tracking  said  horses  a  few 
miles,  the  trails  all  came  together,  near  Red  River  in  said  County, 
from  which  place  said  horses  were  tracked  in  various  directions,  on 
the  South  Side  of  Red  River  about  twenty  miles,  that  they  then 
crossed  to  the  North  Side  of  Red  River,  that  they  then  tracked  said 
horses  on  the  North  Side  of  Red  River  from  Said  Crossing  about  one 
hundred  miles,  when  on  the  fourth  day  they  run  down  and  retook 
one  of  the  mares,  that  had  been  thus  stolen,  that  they  then  pursued 
the  trail  of  said  horses  to  a  point  within  forty  miles  of  the  Indian 
Agency  near  Fort  Smith,  at  which  point  said  deponents  turned  back, 
and  further  saith  not,  except  George  Damron,  John  Damron,  and 
Isham  Davis  who  still  pursued  said  horses,  and  the  said  George  Dam- 
ron and  Isham  Davis  deposeth  and  saith,  that  at  or  within  two  hun- 
dred yards  of  the  house  of  Deers-track  a  Cherokee  Indian  who  lived 
on  the  east  side  of  Arkansas  River,  they  found  one  of  the  mares  which 

a  June  21, 1840.    See  Records  of  Depftrtment  of  State  (Texas),  Book  38,  p.  144-145. 

b  This  was  one  of  the  enclosores  in  Waples  to  Bee,  September  30, 1840.  For  the  letter  and  three  of  the 
enclosures,  see  Part  I.  For  the  deposition,  see  Records  of  Department  of  State  (Texas),  Book  38,  pp. 
152-153. 


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COBBESPONDENCE  WITH  THE  UNITED  STATES.  69 

had  been  thus  stolen  and  a  young  horse  Said  mare  was  fore  hobbled, 
Andy  Van  another  Cherokee  informed  said  deponents  that  said  horse 
had  been  carried  to  the  east  side  of  Arkansas  River,  and  crossed  at 
the  houses  of  She-Cow  and  Deers-tracks.  Said  deponents  then 
started  to  the  Agency  and  met  with  Aaron  Hicks  the  Capt  of  the  Light 
horse  who  described  said  horses  having  seen  them  at  a  Grocery  a 
small  distance  from  where  he  lived.  Said  Hicks  informed  said 
deponents,  that  said  horses  had  been  stolen  by  Jontaga,  Bird  Crier 
the  Nabb  and  other  Cherokee  Indians.  I  also  certify  that  Thomas 
S  Smith  and  William  Cattle  this  day  personally  appeared  before  me 
and  after  being  duly^wom,  deposeth  and  saith,  that  on  the  morning 
of  the  first  day  of  May  1839,  they  personally  and  severally  saw  a 
bay  mare  the  property  of  George  Duncan  which  had  been  shot  the 
preceeding  night  with  Indian  arrows  in  a  gang  of  horses  from  which 
one  of  the  twelve  horses  above  alluded  to  was  stolen,  that  said  mare 
which  had  been  thus  wounded  died  of  said  wounds  early  on  the  first 
day  after  she  had  been  wounded.  I  also  certify  that  the  above 
named  George  Damron  and  Isham  Davis  deposeth  and  saith  that 
at  the  place  on  the  east  side  of  Arkansas  River  near  the  house  of  Deers- 
tracks  where  they  found  the  mare  and  young  horse  they  also  say  a 
horse,  the  property  of  Israel  Gables  of  said  County  which  had  been 
stolen  from  said  Neighbourhood  in  said  County  about  the  1st  Feby 
1839,  with  three  other  horses  the  property  of  Parker  McFarland  and 
Black. 

Sworn  to  and  subscribed  before  me  this  day  and  date  first  above 
written 

Saml  MoFaklane  J.  P.    Joseph  Swagebty 

(l.  s.)  Isham  Davis  (l.  s.)  John  Davis  (l  s)  John  Dambon 
(l  s)  Georqb  Dambon  (l  s)  G.  W.  Duncan  (l  s)  John  Duncan 
(ls)  .D    Rowlett     (ls)    T.  S.  Smith     (ls)    Wm.  Catle     (ls) 

[Next  follow  duly  certified  appraisements  of  the  stolen  horses."] 


Lipscomb  to  Hamilton  &  Bubnley.'' 

Depaetment  of  State 
City  of  Austin  15  Aug  I84O 
To 

Genl  James  Hamilton  and 
a.  t.  bubnley 
Gentlemen 

There  is  great  difficulty  in  procuring  funds  for  the  salary  of  Mr 
Mcintosh,  who  is  the  acting  Chargfi  d'Affaires,  for  this  Government, 
near  the  Government  of  the  King  of  the  French.    He  is  entitled  to 

a  See  Records  of  Department  of  State  (Texas),  Book  38,  pp.  153-154. 
ft  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  148-149. 


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70  AMERICAN  HISTORICAIi  ASSOCIATIOK. 

the  Salary  of  Chargfi  d'Affaircs,  Say  five  thousand  Dollars  per 
annum,  since  Genl.  Henderson  left.  If  you  can  by  negotiation  raise 
the  amount,  and  have  it  paid  over  to  him,  you  are  authorized,  and 
requested  so  to  do.  I  wish  you  to  write  to  him  on  the  subject,  I  am 
apprehensive  he  may  have  suffered  some  inconvenience,  for  want  of 
funds.*  We  have  had  within  the  last  few  days  considerable  excite- 
ment here,  occasioned,  by  a  very  daring  descent  made  by  abou^  four 
hundred  Comanche,  Warriors,  on  Lynns  landing  a  place  much  used 
as  a  deposit,  for  goods,  designed  for  this  place,  and  the  Towns  South 
west  of  this.  They  succeeded  in  passing  down  the  Prarie,  from  the 
mountains,  between  the  Colorado,  and  the  Guadaloupe,  and  plun- 
dered the  two  Store  Houses  at  the  landing  of  some  twenty  or  thirty 
thousand  dollars  worth  of  merchandize,  and  killed  some  of  our  Citi- 
zens there,  as  well  as  some  in  the  vicinity  of  Victoria.  The  militia 
turned  out  with  great  promptitude  from,  the^  adjacent  Settlements, 
and  a  party  of  about  two  hundred  from  this  County,  Bastrop  and 
Gonzales,  under  Genl.  Felix  Huston  and  Colonel  Burleson  had  the 
good  fortune,  to  intercept  them,  about  thirty  five  miles  from  this 
place  and  recovered  all  the  spoil,  and  chastised  them  very  severely, 
entirely  dispersing  them.  This  destruction  at  Lynnville,  will  prob- 
ably be  magnified  much  in  the  newspapers.  But  although  it  was  a 
bold  enterprize,  on  the  part  of  the  Indians,  when  the  circumstances 
are  correctly  known,  its  importance  diminishes  very  much,  Lynnville 
or  Lynns  landing,  as  it  is  usually  called,  is  at  the  head  of  the  Labacca 
Bay,  where  there  were  two  Store  Houses,  and  some  half  dozen  families, 
giving  a  population  of  about  thirty  persons,  a  considerable  quantity 
of  merchandize  were  generally  deposited  there,  until  it  could  be 
Transported  in  waggons  to  the  different  points  of  distribution,  and  some 
suppUes  for  the  Government  had  in  the  course  of  the  Spring  been 
received  there  though  none  were  there  at  the  time  of  the  attack*  The 
Indians  no  doubt  informed  by  the  Arkansas  traders,  of  the  fact  of  the 
probabihty  of  making  rich  Spoil,  and  encountering,  but  sUght  resist- 
ance, from  the  few  persons  residing  there,  and  the  f aciUty  afforded 
by  the  Prarie's  for  a  retreat.  The  severe  lesson  they  have  received, 
it  is  believed,  will  prevent  a  similar  enterprize.  It  is  though  that 
they  killed  but  few  persons,  as  most  were  able  to  make  good  their 
retreat,  to  the  Boats  on  the  shore.  We  have  recovered  from  the 
Indians  the  Book  of  the  Custom  House  which  they  were  conveying 
to  the  mountains.  It  is  rumored  and  believed  that  there  has  been 
a  Revolution  in  the  city  of  Mexico  in  favor  of  the  constitution  of 
twenty  four,  that  Urrea  is  at  the  head  of  affairs.  I  do  not  put  implicit 
confidence  in  the  truth  of  this  rumor,  but  from  the  unsettled  condi- 
tion of  the  Country  and  the  non  resistance,  with  which  the  State  of 

aC/.  note  a,  p.  1375. 


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COEBESPONDENCE  WITH  THE  XTKlTED  STATES.  71 

Yucatan  with-drew  from  the  Central  Government,  I  am  prepared  to 
look  for  the  result  reported,  to  have  occured.  We  are  aU  anxiety  to 
hear  from  you 

I  have  the  honor, 

Gentlemen  to  be  with  great 

respect,  your  obdt.  Servt. 

Abneb  S.Lipscomb 


Waples  TO  Bee." 

Department  op  State 

Austin  19th  Sep  I84O 
Sib 

The  Boundary  line  Commissioner  (Mr  Smyth)  is  at  this  time  in 
Austin,  and  says  that  in  consequence  of  the  appropriation  for  carry- 
ing on  that  work  being  exhausted,  and  no  appropriation  upon  which 
to  draw  for  that  purpose,  he  thinks  it  will  not  be  possible  to  proceed 
with  it,  at  the  time  agreed  on,  between  him  and  the  Commrs  on  the 
part  of  the  United  States  which  was  the  first  of  Novr.  But  as  Con- 
gress meets  on  the  first  Monday  of  that  month,  and  the  question  will 
doubtless  be  among  the  first  taken  up,  and  an  appropriation  for 
completing  it  made  he  thinks  it  advisable  that  you  should  inform  the 
U.  S.  Govt.,  if  in  case  he  should  not  be  present  at  the  appointed 
time,  of  the  cause  of  his  detention;  but  will  so  soon  as  he  is  provided 
with  means  proceed  immediately  to  the  point  of  destination,  which 
will  be  at  farthest  the  Ist  Deer.  But  if  the  Com  and  Engineer  of  the 
U.  S.  Think  proper  to  meet  at  the  time  fixed  on,  to  make  observa- 
tions and  satisfy  themselves  as  to  the  point  for  starting,  they  can  do 
so,  as  our  Engineer  and  Surveyor  are  remaining  there.  The  Presi- 
dent instructs  me  to  inform  you  of  these  facts,  that  you  may,  if  in 
your  judgment  you  deem  it  proper,  lay  them  before  the  U.  S.  Govt, 
in  order  that  there  may  be  no  disappointment  on  the  part  of  their 
Commsr.  by  being  delayed  at  that  point,  and  that  he  may  be 
instructed  not  to  be  there  until  1st  Deer,  instead  of  Ist  Novr.  It  is 
very  much  regretted  that  so  much  delay  has  occurred  in  running  this 
line.  Much  Solicitude  is  felt  on  the  part  of  this  Govt,  to  have  it  com- 
pleted. The  President  has  been  very  ill  since  his  return  from  Galves- 
ton. He  is  now  convalescent  but  weak.  Judge  Lipscomb  is  absent, 
and  will  be  foiu:  or  five  weeks. 


I  have  the  honor  to  be.  Sir 
Your  obdt  Servant 


To 

Hon  B.  E.  Bee 

etc.  etc.  etc. 


Joseph  Waples 

Actg  Sec  of  StaU 


o  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  Ul. 

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72  american  historical  association. 

Lipscomb  to  Flood.** 

Department  op  State 
Austin  City  ISth  Decernber  IS/fi 
Sm, 

I  have  the  honor  to  acknowledge  the  receipt  of  your,  Note  of  this 
date,  enclosing,  the  copy  of  a  letter  from,  a  citizen  of  the,  United 
State,  and  enquiring,  whether  I  considered  that  the  Courtesy  of 
friendly  Nations  would  authorize  an  arrest  and  the  surrender  of  the 
person  charged,  in  the  case  presented,  by  the  Copy  of  the  Letter 
enclosed.  I  have  the  Honor  to  beg  Mr  Flood  to  be  assured,  that  it 
will  at  all  times  afford  this  Government  much  pleasure  to  extend  to 
the  utmost  limits  the  Laws  of  National  Courtesy  to  the  Government 
of  the  United  States,  but  that  the  case  presented  is  not  believed,  on 
the  most  Uberal  construction  to  come  within  any  acknowledged  rule. 
It  does  not  appear,  that  any  offence  criminal  in  itself  has  been  com- 
mitted by  the  person  charged,  but  that  both  would  be  classed  as 
Mala  prohiMta  If  however,  the  offence  charged  had  been  per  Se 
Criminal,  the  Letter  of  Mr  Wagner  would  not  have  been  Sufficient 
evidence  to  Justify  a  warrant  of  arrest  and  an  Order  to  Surrender 
him.  An  Exemplification  of  the  Record,  duly  authenticated,  would 
be  required.  I  have  the  honor  to  be,  with  great  Respect 
Your  Obedient  Servant 

Abneb  S.  Lipscomb 
Hon  Geo  H  Flood 

Charge  d* Affaires 

From  the  United  Staies 


Waples  to  Amory.<» 

Department  op  State 

Austin  5th  of  Jany  I84I 
Sm, 

♦  ♦♦♦♦♦  ♦& 

I  am  also  instructed  by  the  President  to  say  that  he  very  much 
regrets  the  continued  absence  of  Col  Bee  from  Washington  City,  and 
that  during  the  session  of  Congress  there,  his  presence  is  indispen- 
sable. I  am  also  instructed  to  say  that  this  Government  does  not 
intend  at  present  to  make  any  further  Overtures  to  Mexico,  there- 
fore the  Services  of  the  Gentleman  you  recommend  as  Agent  will  not 

a  See  Reoords  of  Department  of  State  (Texas),  Book  38,  p.  158. 

b  The  paragraph  omitted  here  refers  to  Amory's  salary  and  to  the  qneetion  of  purchasing  certain  books 
for  the  legation  of  the  United  States  of  Texas  at  Washington  City. 


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COBBESPONDENCE  WITH  THE  UNITED  STATES.  73 

be  required.  Gen  Lamar  has  been  absent  from  the  seat  of  Govmt 
since  the  15th  Ulto  by  leave  of  Congress,  to  go  to  New  Orleans  for 
Medical  attendance.  Judge  Burnet  as  Vice  President  performs  the 
fimctions  of  President.  With  great  Respect  I  am  your  Obedient 
Servant 

Signed  Jos  Waples 

acting  Secy  of  State 
To  Nathaniel  Amoby 

Secy  Texa^  Legation 

Washington  City 


Waples  to  Flood.<» 

Department  of  State 
Austin  28th  January  1841 
In  compliance  with  the  request  of  the  Honl.  Charge  d'  affaires  of  the 
United  States,  the  undersigned  acting  Secretary  of  State  of  the 
Republic  of  Texas,  has  the  honoi;  to  furnish  him  a  copy  of  the  Treaty 
of  Commerce  and  Navigation  between  the  Republic  of  Texas  and 
Great  Britain 

The  imdersigned  avails  himself  of  this  occasion  to  give  to  the  Hon. 
Charge  d'  affaires  assurances  of  his  high  Consideration 

Signed —  Joseph  Waples 

To  the  Hon. 

Charge  W  affaires 

Of  the  United  States 


Waples  to  Flood.  ^ 

Department  op  State 
Austin  2nd  February  1841 
The  Undersigned  acting  Secretary  of  State,  acknowledges  the 
receipt  of  the  note  of  the  Hon.  Geo.  H  Flood,  Charge  d'affaires  of  the 
United  States,  requesting  a  copy  of  the  convention  between  the 
Kingdom  of  Great  Britain  and  the  Republic  of  Texas.*  It  would 
afford  the  undersigned  great  pleasure  to  comply  with  the  request, 
but  as  the  Convention  has  not  yet  been  made  pubhc,  consequently  he 
will  have  to  defer  it  for  the  present,  but  will  so  soon  as  circumstances 
will  admit  take  pleasure  in  complying  with  the  request. 

a  See  Reoorcl&  of  Department  of  State  (Texas),  Book  38,  p.  159.    This  note  was  in  answer  to  that  of  Flood 
dated  January  26,  for  which  see  Part  I,  p.  476. 
^  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  160. 

c  The  request  was  of  the  same  date  as  this  letter.    See  Part  I.    Flood  probably  did  not  know  that  theie 
B  three  treaties  between  Texas  and  Great  Britain  waiting  for  ratification. 


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74  AMERICAN  HISTORICAL  ASSOCIATION. 

The  undersigned  begs  leave  to  assure  the  Hon  Charge  d'affaires 

of  the  continuance  of  his  regard  and  consideration. 

(Signed)  Joseph  Waples. 

To 

Hon 

George  H  Flood 

Charge  d'affaires 

of  the  United  States. 


Waples  to  Flood.<» 

Department  op  State 
Austin  Srd  February  1841, 

The  Undersigned  acting  Secretary  of  State  of  the  Republic  of  Texas, 
is  constrained  to  express  both  his  regret  and  surprise,  at  the  *' disap- 
pointment" which  his  note  of  yesterday  has  occasioned  to  the  Hon 
Mr.  Flood,  Charg6  d'affaires  of  the  United  States.  The  Hon.  Charge 
d'affaires  has  certainly  given  a  latitude  to  his  conjectures,  unwar- 
ranted by  any  thing  that  has  transpired  from  this  Government,  when 
he  was  led  to  believe  that  the  *'  interest  of  his  country  is  involved  in 
the  stipulations  of  England  and  Texas." 

The  Undersigned  is  instructed  to  say  to  the  Honorable  Mr  Flood 
that  whenever  the  President  shall  deem  it  expedient  and  consistent 
with  propriety,  to  give  publicity  to  the  ''Conventional  Treaty  between 
the  Kingdom  of  Great  Britain  and  Texas"  the  Charge  d'affaires  of 
the  United  States  shall  be  furnished  with  a  certified  copy  of  it. 

The  Undersigned  repeats  his  sentiments  of  distinguished  consider- 
ation etc.  etc. 

(Signed)  Joseph  Waples 

To 

Hon  Geo.  H  Flood 

Charge  d'affaires 

of  the  United  States,  to  the  Republic  cff  Texas. 


Mayfield  to  Flood.  ^ 

Department  op  State,  City  op  Austin 

February  12th  1841 
Sm, 

I  am  instructed  by  the  President  of  the  Republic  of  Texas  to 

acknowledge  the  receipt  of  your  note  of  this  date/  enclosing  a  copy 

a  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  160.    This  was  In  reply  to  the  letter  of  Flood  to 
Waples,  dated  simply  February,  Part  L  pp.  477-478i  hnd  flzet  the  date  of  that  letter  as  February  2  or  3» 
t>  See  Records  of  Department  of  State  (Texas),  Book  38,  pp.  162-163.      «  Part  I,  p.  47&-480. 


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COBRESPONDENCE  WITH  THE  UNITED  STATES.  75 

.  of  an  indictment  in  the  United  States  District  Court  for  the  Eastern 
District  of  Louisiana  against  William  McQueen  for  being  a  flef aulter, 
and  embezzelment  under  the  Sub-treasury  act,  as  Post-Master  *'at 
New  Orleans  of  the  United  States"  of  the  North.  I  have  the  honor 
to  beg  that  Mr  Flood  be  assured  that  this  Government  feels  every 
disposition  to  extend  to  the  fullest  degree  the  rules  of  international 
Courtesy  with  the  Government  of  the  United  States  of  the  North: 
but  that  this  Government  can  see  no  suflScient  reason  for  departing 
from  the  rule  laid  down  in  the  Note  of  the  Hon  Abner  S  Lipscomb 
late  Secretary  of  State  relative  to  the  case  mentioned  bearing  date 
the  13th  of  December  A  D.  1840,**  to  which  I  would  respectfully  refer 
the  Hon  Chargfi  d'affaires  of  the  United  States  to  the  Republic  of 
Texas.  I  am  further  instructed  to  say  that  the  avowal  of  the  Execu- 
tive of  the  United  States  of  the  North,  that  ''he  is  not  empowered  to 
deUver  criminals  to  foreign  Governments  in  the  absence  of  Treaty 
stipulations  to  that  effect'*  would  of  itself  preclude  this  Government 
from  deUvering  to  the  authorities  of  the  United  States  the  individual 
in  question,  so  long  as  the  Republic  of  Texas  shall  act  upon  the  prin- 
cipal of  full  reciprocity.  I  am  instructed  nevertheless  to  assure  the 
President  of  the  United  States,  that  the  Government  of  the  Republic 
of  Texas,  in  the  absence  of  all  Treaty  Stipulations  to  that  effect,  feels 
an  anxious  desire,  to  extend  every  friendly  courtesy  consistent  with 
rules  of  entire  reciprocity  and  the  Comity  of  Nations:  but  in  such  a 
state  of  affairs,  that  She  cannot  countenance  the  establishment  of 
a  principle  so  general  in  its  application,  as  in  the  case  of  McQueen, 
who  is  charged  with  an  offence  merely  mala  proMhita 

With  Sentiments  of  respect,  I  have  the  honor  to  subscribe  myself 
Respectfully,  Your  Obedient  Servant 

James  S  Matfield 

Secty  ofStaie 
To 

The  Hon. 

Geo  H  Flood 

Chargi  d'affaires 

etc.  etc. 


Matfield  to  Bee.^ 

Department  of  State 
City  of  Austin  Feby  17th  I84I. 
Sir 

This  undersigned  in  assuming  the  duties  of  this  Department  found 
on  file  several  communications  from  the  Secretary  of  Legation  at 

«  This  was  doubtless  written  in  answer  to  Flood's  note  of  December  12, 1840  (See  Part  I,  p.  460-470), 
but  no  copy  of  it  has  been  found. 

fr  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  16^-164.  €/.  note  d,  Part  I,  p.  484,  which 
should  now  be  deleted. 


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76  AMEBICAN  HISTORICAL  ASSOCIATION. 

Washington  in  relation  to  the  unsettled  question  as  to  the  Construe-  . 
tion  of  tlfe  Treaty  between  the  Government  of  the  United  States  and 
Mexico:  and  the  obligation  of  the  United  States  under  that  Treaty 
to  restrain  the  Northern  Indians  residing  on  our  borders. 

The  President  instructs  me  to  inform  you  that  in  all  probability 
it  will  be  the  most  advisable  to  defer  for  the  present  any  further  dis- 
cussion of  that  subject:  That  you  avail  yourself  of  the  most  favorable 
opportunity  to  suggest,  to  the  Secretary  of  State  of  the  United  States 
the  importance,  and  mutual  advantages  to  be  derived  to  the  respective 
Governments  by  establishing  more  definitely  our  relations  and  inter- 
course by  farther  Treaty  stipulations.  Independent  of  the  high 
commercial  advantages  consequent  upon  reciprocal  Treaty  obliga- 
tions, the  civil  and  criminal  administration  of  the  laws  of  the  respec- 
tive Governments  would  be  very  much  facilitated  by  properly  tem- 
pered regulations  relative  to  fugitives  from  justice,  and  public 
defaulters.  It  is  the  Presidents  wish  in  presenting  this  Subject 
to  the  Secretary  of  State  of  the  United  States:  that  you  will  respect- 
fully, and  zealously  urge  upon  the  Government  of  the  United  States 
the  propriety  of  clothing  the  resident  Minister  of  that  Government 
here  with  power  to  Negotiate  a  Treaty  with  this  Government.  The 
facts,  topography  of  the  country,  and  all  that  appertains  to  our  mutual 
relations  with  Northern  tribes  of  Indians  it  is  believed,  can  be  perhaps 
more  authentically  obtained  here,  than  at  Washington  City:  More- 
over it  would  be  an  act  of  Courtesy  at  this  juncture  of  our  affaires, 
the  tendency  of  which  would  inspire  renewed  confidence  in  the  sta- 
bility of  our  relations  foreign  and  domestic.  Should  the  Government 
of  the  United  States  3deld  to  this  proposition,  it  is  desirable  that 
the  Negotiation  should  be  opened  as  early  in  the  spring  as  possible. 
Your  dispatch  conveying  the  intelligence  that  you  had  represented 
to  the  Government  of  the  United  States  the  facts  and  circumstances 
connected  with  the  outrage  committed  on  the  person  of  Gen  Hender- 
son by  his  arrest  at  New  York  in  the  latter  part  of  1839  has  been 
received,  and  the  President  instructs  me  to  direct  you  to  continue 
to  represent  in  the  most  respectful,  but  decisive  manner  the  subject 
to  the  Government  of  the  United  States,  in  conformity  to  your  former 
instructions 

Herewith  you  will  receive  a  copy  of  a  communication  froin  Col 
William  N  Porter  one  of  the  Representatives  from  the  County  of 
Red  River  <*  giving  the  evidence  of  the  violation  of  the  Jurisdiction 
of  this  Government,  an  outrage  upon  the  laws  and  institutions  of 
the  same  in  wholly  disregarding  the  rights  and  privileges  of  her  citi- 
zens compromitting  the  friendly  relations  between  the  citizens  of 
the  Two  Government  residing  near  the  line.  This  outrage  it  is 
understood  was  committed  by  a  man  named  Ferguson  a  pubhc  officer 

a  Dated  January  2, 1841.    See  Part  I,  p.  474-476. 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  77 

of  the  United  States.  The  President  feels  assured  that  the  Govern- 
ment of  the  United  States  will  take  steps  to  prevent  a  recurrence  of 
such  outrages,  and  punish  the  offending  officer  in  the  maimer  pointed 
out  by  her  pohcy  and  laws.  We  are  in  daily  expectation  of  intelli- 
gence from  Mexico. 

With  Sentiments  of  esteem,  I  am  Respectfully  your  Obt  Sert 

J  S.  Matfield 
Col  Barnard  E.  Bee 

Chargi  d'affaires  etc.  etc. 


Mayfibld  to  Bee.* 

Department  op  State 
City  of  Aus^n  March  22nd,  I84I 
Sir 

Your  Note  of  the  26th  of  January  *  the  last  dispatch  received  from 
the  legation,  was  received  about  the  first  Inst,  when  the  return  of 
Gen.  Lamar  to  the  Seat  of  Government  and  resuming  the  functions 
of  Chief  Magistrate  induced  me  to  defer  addressing  you  any  further 
instructions.  His  views  were  known  upon  the  subject  of  opening  a 
negotiation  with  the  Government  of  the  United  State:  for  forming  a 
definite  treaty  of  Amity,  Commerce  and  Navigation;  and  embracing 
such  other  objects  as  may  mutually  interest  both  Nations.  It  is  the 
wish  of  the  President  that  you  should,  without  delay  represent  in  the 
most  respectful  and  urgent  maimer  to  the  Government  of  the  United 
States  the  importance  of  an  early  Negotiation  relative  to  the  several 
objects  contained  in  my  former  note,  in  which  the  several  matters  now 
under  consideration  and  discussion  between  the  two  Governments 
may  be  embraced,  and  definitively  adjusted  upon  principles  of  entire 
reciprocity.  It  is  moreover  the  Presidents  earnest  desire,  that 
should  the  Government  of  the  United  States;  accede  to  the  proposi- 
tion to  open  a  Negotiation  at  this  time;  that  it  should  take  place  at 
this  Capital,  as  early  in  the  summer  as  practicable;  and  that  the 
Minister  resident  here  may  be  charged  with  the  same,  should  he  not 
be  superseded  by  another  appointment. 

You  will  therefore  direct  your  attention  sedulously  to  this  object 
and  independent  of  any  suggestions  that  have  been  made,  use  such 
other  and  further  reasons,  as  your  judgment  may  dictate  the  most  likely 
to  secure  this  end.  It  is  important  to  the  United  States  as  well  as  to 
Texas  that  our  relations  should  be  more  accurately  determined;  at 
least  so  far  as  our  commercial  intercourse  and  Indian  relations  are 
concerned.     In  the  first  respect  by  properly  regulated  treaty  stipu- 

a  See  Records  of  Department  of  State  (Texas),  Book  38,  pp.  16^170.       5  See  Part  I,  pp.  476-477. 


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78  AMEBICAN  HISTORICAL  ASSOCIATION. 

lations,  many  of  those  apparently  unimportant  causes,  but  of  frequent 
source  of  contention  and  which  sometimes  ripen  into  motives  for  dis- 
turbing the  harmony  of  the  tv^  Governments,  could  be  wholly 
removed;  and  all  local  or  political  jealousies,  and  animosities  engen- 
dered, or  arising  on  our  respective  frontiers  obviated  or  allayed:  To 
vdt,  the  right  of  ingress  and  egress  with  the  Slaves  or  body  Servants 
of  the  citizens  of  either  Government  should  be  established.  And 
by  such  regulations  any  conflict  of  jurisdiction,  or  violation  of  the 
due  exercise  of  it  upon  the  final  establishment  of  the  boundary  line 
could  be  provided  against,  and  means  of  punishment  provided  if 
infringed.  The  obligations  of  the  respective  Governments  relative  to 
the  Northern  Indians  would  be  more  specifically  settled,  in  the  event 
of  a  disposition  being  manifested  by  any  of  their  tribes  to  disturb 
the  peace  and  harmony  of  either  of  the  two  Governments. 
I  Our  respective  frontiers  might  be  prevented  from  becoming  the 
seat  of  an  extensive  system  of  smuggling  aUke  injurious  to  the  morals 
of  the  citizens  and  the  true  interests  of  both  Governments. 

These  hints  are  thrown  out,  that  you  may  fortify  yourself  with  some 
arguments  that  might  not  otherwise  occur  to  your  mind;  and  doubt- 
less you  will  be  able  to  urge  other  and  more  cogent  ones  than  here 
indicated;  for  relying  upon  your  zeal  and  the  hvely  interest  you 
have  ever  manifested  for  your  country,  it  is  confidently  expected  that 
you  will  not  fail  to  impress  upon  the  Government  of  the  United  States 
the  necessity  of  an  early  negotiation  on  this  subject. 

For  whatever  motives  of  policy  or  reasons  may  have  existed  here- 
tofore to  suffer  our  relations  to  rest  upon  the  doubtful  and  contested 
interpretation  of  the  treaty  with  Mexico  and  the  treaty  of  recognition; 
our  position  has  materially  changed;  being,  as  we  are,  on  the  eve  of 
carrying  into  execution  our  treaties  of  Amity,  commerce  etc.  with 
England  and  Holland,  which  may  be  found  to  change  in  some  points 
our  former  relations  with  the  United  States.  Judge  Webb  will  leave 
in  a  few  days  for  Mexico.  If  you  can  procure  the  correspondence 
between  Mr  Adams  and  Don  De  Onis  relative  to  the  boundary  in 
1818-19.     It  is  desirable  you  should  send  it  to  him  at  Vera  Cruz. 

I  avail  myself  of  this  occasion  to  renew  to  you  assurances  of  my 
high  consideration  and  esteem.     Respectfully  your  Obedient  Servant. 

J  S.  Mayfield 
Hon. 

Babnard  E  Bee 

Washington  City. 


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cobeespondencb  with  the  united  states.  79 

Flood  to  Mayfield.<» 

Legation  op  the  U.  S.  op  N.  A. 

TO  THE  Republic  op  Texas 

CUy  of  Austin  March  25th  1841 
Sm— 

The  undersigned  Chargfi  d'affaires  of  the  United  States  of  North 
America  to  the  Repubhc  of  Texas,  conceives  it  an  imperious  duty  he 
owes  the  Government  of  his  coimtry,  superadded  to  the  respect  he 
must  ever  entertain  for  the  sacredness  and  inviolability  of  the  law  of 
Nations,  to  apprise  his  Excellency  the  President  of  the  Republic, 
through  the  Honorable  Secretary  of  State,  of  an  outrage,  which  the 
imdersigned  believes  to  be  flagrant  in  its  nature  and  premeditated  in 
its  character. 

On  the  afternoon  of  yesterday,  the  Hon  Alphonso  De  Saligny 
Chargfi  d'affaires  of  the  King  of  France,  whilst  in  the  act  of  visiting 
my  family,  at  my  lodgings,  and  when  within  the  enclosure  of  the 
yard,  was  rudely  and  violently  assaulted  by  Mr  Richard  Bullock  of 
this  City. 

I  need  not  say  to  His  Excellency  the  President,  or  the  Honorable 
Secretary  of  State,  that  the  indignity  thus  offered — voluntarily  and 
premeditatedly — is  as  sensibly  felt  by  the  imdersigned  as  it  must  be 
by  the  Honorable  Chargfi  himself. 

The  imdersigned  from  the  well  known  and  acknowledged  character 
of  his  Excellency  the  President,  for  uprightness,  intelligence  and 
integrity — and  from  his  laudable  desire  to  harmoniously  cultivate 
the  relations  that  must  exist  between  Nations  allied  by  Treaty 
stipulations,  and  in  the  absence  of  which  all  intercourse  must  cease — 
doubts  not,  for  a  moment,  he  will  promptly  direct  strict  ^  measures 
to  be  taken  for  the  redress  of  the  grievances  complained  of,  as  are 
due  to  the  parties  and  in  consonance  with  the  universally  acknowl- 
edged Law  of  Nations. 

It  is  due  to  Mr  Bullock  to  say,  he  called  on  the  undersigned  this 
morning,  and  disclaimed,  in  the  most  earnest  manner,  any  intention 
on  his  part,  to  offer  an  indignity  to  the  undersigned  or  his  family. 
He  certainly  knew  the  Honorable  Chargfi  of  France,  visited  no  one  in 
his  house-hold  but  the  undersigned  and  his  family,  and  those  visits 
daily  in  their  character. 

a  See  Records  of  Department  of  State  (Texas),  Book  41,  pp.  486-487.    , 

^  This  is  possibly  the  copyist's  error  for  ''such";  or  it  may  be  that  "such"  was  simply  omitted. 


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80  AMEBICAN  HISTORICAL  ASSOCIATION. 

The  undersigned  begs  to  assure  the  Honorable  Secretary  of  his 
continued  regard  and  trusts  that  harmony  peace  and  good  will  may 
long  characterize  the  course  between  their  respective  Governments. 
The  imdersigned  has  the  honor  to  subscribe  himself 
Very  Respectfully 

Your  Obt.  Servt. 

Geo  H.  Flood. 
To  the  Hon 

Jas  S  Mayfield 

Secy  of  State  etc. 


Mayfield  to  Flood." 

Depabtment  op  State 
City  of  Austin  March  29th  I84I 
Sm: 

The  imdersigned  has  the  honor  to  acknowledge  the  receipt  of  your 
Note  of  the  25th  Inst  complaining  of  an  "outrage  flagrant  in  its 
nature  and  premeditated  in  its  character"  as  it  is  alledged,  inflicted 
in  the  afternoon  of  the  24th  Inst  on  the  "Hon  A  De.  Saligny  Charg6 
d'affaires  of  The  King  of  France,  whilst  in  the  act  of  visiting  your 
family''  at  your  lodgings  and  when  within  the  enclosure  of  the  yard, 
who  was  rudely  and  violently  assaulted  by  Mr  Richard  Bullock  of 
this  City. 

From  the  statements  contained  in  your  note;  as  also  from  the 
relation  of  the  affair  complained  of,  as  given  by  Mr.  Saligny,  in  the 
note  which  I  had  the  honor  to  receive  from  him  of  the  same  date  the 
indignity  as  alledged  appears  to  have  been  solely  directed  against  the 
Hon.  Mr  Saligny  without  reference  to  Mr  Flood  or  his  family 

The  President  however  much  he  may  regret  the  occurrence  of  that 
evening,  and  the  acts  complained  of  which  for  a  time  might  seem  to 
threaten  a  disturbance  of  that  cordial  and  harmonious  feeling  which 
he  hopes  will  ever  characterise  the  relations  of  those  Governments, 
which  have  given  such  unequivocal  proofs  of  their  friendship  and 
sympathy  for  the  Government  of  Texas  as  the  United  States  and 
France;  cannot  conceive  nevertheless  how  the  subject  can  form  the 
just  ground  of  complaint  upon  the  part  of  Mr.  Flood.  For  it  appears 
that  Mr.  Bullock  '*  disclaimed  in  the  most  earnest  maimer,  any  inten- 
tion on  his  part  to  offer  an  indignity  to  the  Hon  Chargfi  d'affaires  of 
the  United  States  or  his  family." 

The  undersigned  regrets  that  an  occasion  should  have  arisen,  which 
could  for  a  moment  [have]  induced  Mr.  Flood,  to  feel  himself  identi- 
fied or  embraced  in  a  question  involving  alledged  outrages  upon  the 
person  and  household  of  Mr  Saligny  Chargfi  d'affaires  of  France; 

a  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  17&-176. 


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COBRESPONDENCE  WITH   THE  UNITED  STATES.  81 

which  has  grown  into  a  matter  of  serioua  complaint  and  anxious 
sohcitude. 

I  avail  myself  of  this  occasion  to  renew  to  Mr.  Flood  assurances  of 
the  great  consideration  with  which  I  am  Very  respectfully 
Your  Obt.  Servant 

J  S.  Mayfield 
Hon  George  H  Flood 

ChargS  d'affaires.  U,  S. 


Flood  to  Mayfield.* 

Legation  of  the  U.  S.  N.  A. 

Republic  of  Texas 

Austin  March  SlsL  I84I, 
Sib: 

I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the 
29th  instant  in  answer  to  mine  of  the  25th. 

I  am  wholly  at  a  loss  to  understand  by  what  process  of  reasoning 
or  even  construction  of  language  you  arrive  at  the  conclusion  that  I 
feel  myself  ''embraced  in  a  question  involving  alleged  outrages  upon 
the  household  of  Mr  Saligny  Chai^6  d'aflFaires  of  France'' — ^for  on  no 
occasion  have  I  expressed  an  opinion  in  relation  to  any  difficulty 
between  citizens  of  the  Repubhc  and  the  ''household"  of  the  Hon- 
orable Chargfi  of  His  Majesty,  the  King  of  France.  I  must  there- 
fore, most  respectfully  decline  the  position  [in  which]  your  note 
assumes  to  place  me,  in  relation  to  this  matter. 

In  my  communication  to  you  of  the  25th,  I  complained  of  but  a 
single  circumstance — the  unwarrantable  attack  of  Mr  Bullock  upon 
the  person  of  my  distinguished  guest,  while  in  the  act  of  visiting  my 
family  at  their  lodgings.  The  indignity,  I  thought,  reflected  quite 
as  much  upon  me  as  it  possibly  could  upon  Mr  Saligny,  and  in  this 
opinion  I  hesitate  not  in  believing  the  Government  of  my  country 
will  sustain  me 

I  extremely  regret  His  Excellency,  the  President,  "cannot  con- 
ceive how  the  subject  can  form  the  just  ground  of  complaint  upon  the 
part  of  Mr  Flood''  for  shortly  after  the  transaction  occured  he  both 
entertained  and  expressed  a  different  opinion. 

I  again  renew  the  assurance  of  my  continued  regard  and  have  the 
honor  to  subscribe  myself. 

Very  Respectfully  Your  Obt.  Servt. 

Geo.  H.  Flood. 
To  the. 

Hon  J.  S  Mayfield 

Secey.  of  State  etc.  etc. 

a  See  Records  of  Deportment  of  State  (Tbxas),  Book  41,  p.  489. 
39728**— VOL  2,  pt  1—11 6 


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82  amebican  histobical  assocution. 

Matfield  to  Bee.* 

Department  of  State 
City  of  Austin  20th  April  I84I. 
Sm 

The  undersigned  Secretary  of  State  of  the  Republic  of  Texas  has 
the  honor  to  acknowledge  the  receipt  of  your  dispatch  of  the  7th  of 
March  last,*  which  together  with  yours  of  the  25Ui*^  of  January  have 
been  submitted  to  the  President  for  his  determination  thereon.  For 
the  reasons  suggested  by  you,  it  was  deemed  advisable  to  defer  the 
further  discussion  of  the  subject  of  our  Indian  relations,  and  the  mat- 
ters connected  with  that  question  until  the  new  administration  of  the 
United  States  came  into  office.  That  event  having  occurred  the 
President  wishes  you  immediately  to  call  the  attention  of  the  Gov- 
ernment of  the  United  States  again  to  that  subject.  By  reference 
to  the  discussions  that  have  at  yarious  periods  been  held  relative  to 
the  Treaty  of  1831  with  Mexico,**  it  will  be  seen  that  the  United  States 
Government,  has  uniformly  when  her  interest  was  involved  assumed 
the  position,  that  that  Treaty  in  all  its  parts  was  binding  and  obliga- 
tory upon  the  Republic  of  Texas.  Without  questioning  the  rules  of 
international  law,  which  could  admit  of  such  an  interpretation  of  the 
Treaty,  this  Government  acquiesced  in  the  position  assumed;  and 
in  1838  by  a  proclamation  of  the  President  the  provisions  of  the  5th 
and  6th  Articles  of  that  treaty  were  declared  in  force  and  have  been 
observed  by  the  authorities  of  this  country  to  the  great  detriment  of 
our  revenue. 

Under  the  Construction  given  by  Mr.  Forsyth  to  the  33rd  article 
of  that  Treaty  Texas  would  not  be  receiving  an  equivalent,  for  the 
sacrifices  she  suffers  in  her  revenues;  by  allowing  Vessels  belonging 
to  the  United  States  to  enter  our  Ports  free  of  Tonnage  duty.  To 
arrive  at  a  fair  interpretation  of  that  instrument  the  whole  should  be 
construed  by  its  several  parts  and  articles,  by  which  means  its  true 
spirit  and  intention  may  be  more  accurately  defined.  It  will  be 
found  that  concessions,  and  privileges  are  contained  in  many  of  its 
clauses  and  provisions  in  many  of  its  articles  of  which  there  cannot 
be  found  a  sufficient  guarantee  or  equivalent  secured  in  the  same 
article.  This  naturally  arose  from  the  relative  strength,  commerce, 
and  political  condition  of  the  contracting  parties  at  the  time  of  mak- 
ing the  Treaty,  as  will  be  seen  by  reference  to  the  articles  cited. 

The  United  States  at  the  time  had  an  extended  commerce,  and 
heavy  Shipping.  Mexico  on  the  contrary  (and  with  but  remote  pros- 
pects of  improvement)  was  limited  in  her  commerce,  and  yet  more  in 

a  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  178-181. 
^  Amory  to  Majfleld,  of  the  date  given.    See  Part  I,  pp.  481-484. 
c  The  26th;  the  dispatch  Is  Bee  to  Lipscomb  of  this  date. 
d  See  Treaties  and  CofMentitme  of  the  UnUed  Stales,  etc.,  604-676. 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  83 

her  shipping.  The  mutual  guarantee  then  as  to  tonnage  and  other 
charges  enumerated  in  the  "5th  and  6th*'  articles  of  the  Treaty  can- 
not be  said  to  secure  to  Mexico  an  equivalent,  as  it  was  apparent  and 
must  for  years  Continue  that  the  whole  trade  of  Mexico  with  the 
United  States  upon  the  Gulf  would  be  carried  in  American  bottoms. 

Again  the  United  States  was  established  in  all  the  Departments  of 
the  Govenm\ent.  Union  and  harmony  prevailed  throughout  the 
whole,  with  a  large  standing  Army,  and  an  Organized  Militia,  and 
overflowing  Treasury.  Mexico  on  the  other  hand,  was  cut  up  into 
political  parties,  distracted  in  her  MiUtary  Strength  and  organization. 
She  evidently  sought  to  secure  to  herself  an  equivalent  in  the  33rd 
Article  of  the  Treaty  for  the  advantages  obtained  for  the  American 
shipping  interest  in  the  5th  and  6th  articles  of  the  same.  Independ- 
ent of  those  considerations,  the  United  States  was  bound  upon  prin- 
ciples of  Justice  aside  from  any  treaty  stipulations  upon  the  subject, 
to  guard  the  Government  of  Mexico,  her  citizens,  or  territory  from 
hostiUties  or  incursions  from  those  various  tribes  of  Indians,  which 
by  her  policy  she  was  establishing  on  the  immediate  borders  of  the 
latter.  Taking  this  view  of  the  subject,  which  it  is  believed  is  the 
just  one,  supported  by  the  relative  miUtary  and  political  position  of 
the  contracting  parties,  as  well  the  natural  and  poUtical  obligations' 
reciprocally  resting  upon  both  parties,  it  is  difficult  to  conceive  how 
the  words  of  that  instrument  can  admit  of  the  construction  given  by 
Mr  Forsyth,  or  in  what  respect  the  Executive  of  the  United  States 
is  wanting  "the  legal  power  to  check  or  restrain  by  force  the  volun- 
tary and  peaceable  M^ations  of  Indians"  etc. 

The  33rd  article  imposes  several  distinct  obligations,  and  em- 
braces as  many  distinct  stipulations  It  is  first  agreed ''  that  the  two 
contracting  parties,  shall  by  all  the  means  in  their  power  maintain 
peace  and  harmony  among  the  several  Indian  Nations  who  inhabit 
the  land  adjacent  to  the  lines  and  rivers  which  form  the  boundaries 
of  the  two  countries.'^  This  first  stipulation,  of  itself  impUes  too 
plainly  to  be  misunderstood,  the  exercise  of  MiUtary  force,  should  it 
become  necessary  to  answer  the  objects  contemplated,  ''peace  and 
harmony  among  the  several  Indian  Nations  who  inhabit  etc"  by  all 
the  means  in  their  power  which  become  imnecessary  words  unless 
force  for  the  accomplishment  of  the  end^  sought  could  be  resorted  to. 

The  next  clause  of  the  Article  however  it  is  beUeved  leaves  no  room 
for  a  doubt,  or  obstacle  in  the  interpretation  or  just  understanding 
and  intention  of  the  two  contracting  parties  relative  to  the  obliga- 
tions reciprocally  imposed  by  that  article;  for  as  will  be  seen  it  is  far- 
ther stipulated  ''The  better  to  attain  the  objects  of  maintaining  peace 
and  harmony  etc"  b9th  parties  bind  themselves  expressly  to  restrain 
by  force  all  hostilities  and  incursions,  on  the  part  of  the  Indian  Na- 
tions living  within  their  respective  boundaries     Here  then  is  an 


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84  AMEBICAN  HISTORICAL  ASSOCIATION. 

express  and  palpable  stipulation  of  the  most  sacred  and  binding  char- 
acter, as  between  nations,  to  reciprocally,  not  only  to  restrain  by  force 
all  hostilities,  but  incursions  '*  Voluntary  and  peaceable"  or  of  what- 
ever kind,  of  the  Indians  Uving  within  the  respective  boundaries  of  the 
two  Nations.  If  such  a  restraint  is  not  held  over  the  Indians  belong- 
ing to  the  United  States,  it  may  be  asked,  in  what  manner  can  that 
Government  fulfil  the  obligation  imposed  by  that  Treaty  if  binding 
between  the  Government  of  the  United  States  and  the  RepubUc  of 
Texas,  when  in  the  same  article  under  discussion  they  bind  them- 
selves not  to  suffer  their  Indians  to  attack  the  Citizens  of  the  United 
Mexican  States  nor  the  Indians  inhabiting  their  territory"  unless  by 
a  resort  to  force  to  confine  them  within  the  limits  designated  by  the 
former  Government  or  their  future  abode  under  the  policy  adopted 
by  that  Government  in  the  removal  of  the  Several  tribes  west  of  the 
Mississippi?  Otherwise  the  territory  of  Texas  might  easily  become 
the  hunting  grounds  of  the  numerous  hordes  of  Northern  Indians 
established  on  our  immediate  borders  through  the  poUcy  of  that  Gt)v- 
emment,  and  our  citizens  an  easy  prey  to  the  tomahawk  and  scalping 
knife  of  the  restless  savage,  and  their  property  a  luring  bait  to  the 
enactment  of  scenes  appalling  to  humanity  and  the  United  States  a 
witness  to  the  scene,  and  not  an  arm  extended  to  stay  it;  because  the 
Migration  of  the  Indians  to  our  territory  was  under  the  guise  of  a  vol- 
untary and  peaceable  removal,  and  their  "nomadic  habits  interposed 
obstacles  to  the  restraining  of  them  within  their  own  territory  and 
the  limits  designated  them.  From  the  well  known  character  of  the 
various  Indian  Nations,  it  has  long  since  been  amply  demonstrated 
to  the  American  people  that  persuasions  and  treaties  have  had  but 
little  influence  in  curbing  (with  some  exceptions)  the  wild  and  savage 
habits  of  those  tribes;  and  that  a  ready,  or  absolute  demonstration  of 
force,  has  alone  been  adequate  to  restrain  them  from  predatory  war- 
fare, and  predatory  incursions  upon  their  neighbors.  All  of  which 
considered,  it  is  not  conceived  that  the  treaty  by  any  construction  of 
language  or  rules  for  the  interpretation  of  treaties  is  admissible  of  the 
construction  intimated  by  the  Government  of  the  United  States. 

The  undersigned  has  been  thus  full,  without  resorting  to  all  the 
arguments  that  might  be  adduced  which  must  readily  suggest  them- 
selves to  your  mind,  as  the  President  is  soUcitous  that  the  discussion 
of  this  question  should  be  definitely  determined,  and  the  extent  to 
which  the  United  States  will  go  clearly  ascertained.  It  will  be  recol- 
lected that  she  has  on  a  former  occasion  in  1836,  claimed  I  beUeve 
the  right  of  occupying  the  territory  of  Texas  with  an  armed  force,  in 
order  fully  to  enable  her  to  fulfil  the  obligations  (as  it  was  alledged) 
imposed  upon  her  by  the  article  in  question.     ^ 

The  President  however  with  a  view  to  guard  against  all  future 
contingencies  as  well  as  to  secure  to  the  Government  of  Texas  a  just 


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COEBESPONDENCE  WITH  THE  UNITED  STATES.  85 

reciprocity  and  correspondence  in  her  political  and  commercial  rela- 
tions, deems  it  advisable  that  the  necessary  preparatory  measures 
should  be  adopted  to  put  a  termination  if  binding  at  all  to  the  stipula- 
tions of  the  treaty  so  far  as  relates  to  commerce  and  Navigation.  This 
line  of  policy  becomes  the  more  imperative  since  the  Government  of  the 
United  States  evades  as  it  is  beUeved  the  plain  and  obvious  obliga- 
tions pointed  out  in  the  33rd  article  of  the  Treaty.  In  the  opening 
of  Spring  we  may  again  expect  predatory  bands  of  Indians  from  the 
United  States,  to  prevent  which  this  Government  is  not  advised  that 
the  Government  of  the  United  States  have  taken  any  precautionary 
measures. 

Persuasions  have  hitherto  had  but  Uttle  influence  over  the  Indians 
residing  on  our  borders.  Besides  under  the  present  system,  our 
revenue  is  materially  crippled,  and  our  duties  placed  upon  a  basis 
highly  detrimental  to  the  public  interest.  In  view  of  all  the  circum- 
stances I  am  directed  by  the  President,  to  instruct  you,  to  formally 
notify  the  Government  of  the  United  States;  of  the  intention  of  this 
Government  to  terminate  the  stipulations  of  the  Treaty  so  far  as 
relates  to  ''Commerce  and  Navigation".  This  notification  you  will 
give  in  Conformity  to  the  34th  article  of  the  Treaty,  confining  your 
attention  to  the  objects  therein  specified. 

The  President  approves  of  the  correspondence  you  have  opened 
with  the  ChevaUer  d'Ai^aiz  Envoy  extraordinary  and  Minister  Pleni- 
potentiary of  her  Catholic  Majesty  the  Queen  of  Spain;*  and  desires 
that  you  will  keep  the  Government  informed  of  the  nature,  and  spirit 
with  which  the  propositions  have  been  received,  by  the  Government 
of  Spain  independent  of  the  considerations  urged  in  your  communi- 
cations to  the  ChevaUer  d'Ai^aiz.  Texas  would  become  an  active 
Competitor  in  furnishing  to  Spain,  and  Cuba,  many  of  those  articles 
of  import  which  are  now  monopolized  by  other  quarters  of  the  Globe. 

You  will  receive  as  soon  as  the  disposition  of  her  Catholic  Majesty 
is  ascertained  detailed  instructions  to  guide  you  in  a  negotiation  aUke 
important  to  the  Commerce  of  Texas  and  Spain.  In  the  mean  time 
you  will  endeavour  to  obtain  the  earUest  information  consistent  with 
the  relations  you  bear  to  the  ChevaUer  d'Argaiz. 

Herewith  you  will  receive  the  petition  of  Doctr  Robertson  of  this 
City  relative  to  the  capture  of  his  Negroes.  It  is  believed  that  the 
stipulations  of  the  33rd  article  of  the  Treaty  will  cover  this  case;  as 
by  the  laws  of  Mexico  Slavery  was  not  tolerated.  This  subject  you 
wiU  caU  the  attention  of  the  United  States  to,  and  urge  the  propriety 
of  taking  efficient  measures  for  the  restoration  of  the  slaves  mentioned 
It  will  be  seen  from  the  multipUcity  of  cases  accruing,  giving  rise  to 
the  mutual  interpretation  of  both  Governments  that  the  Government 
of  the  United  States  will  not  longer  delay  entering  into  a  negotiation 

a  See  Amory  to  Secretary  of  State,  March  7, 1841,  Part  I,  p.  481-484. 


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86  AMEBICAN  HISTOBICAL  ASSOCUTIOK. 

defining  by  express  treaty  stipulations  the  cojuxaercial  and  political 
relations  of  the  Two  Governments;  more  particularly  when  the  Treaty 
alluded  to  it  is  subject  to  such  doubts,  and  interpretations  aa  seem 
to  have  been  placed  upon  it. 

We  have  received  advices  from  Gen  Hamilton  to  the  3rd  March.* 
Judge  Webb  has  sailed  for  Mexico,  and  we  anticipate  that  he  will 
receive  a  favorable  reception,  and  [that  there  will  be]  a  speedy  termi- 
nation of  our  difficulties  with  Mexico.  The  President  will  convene 
Congress  about  the  middle  of  June;  which  fact  you  will  communicate 
as  speedily  as  possible  to  Gen  Hamilton. 

I  have  the  honor  to  be  with  sentiments  of  regard. 
Very  Respectfully 

Your  Obt  Servant 

J  S  Matfield 
To 

Col  Barnard  E  Bee 


Mayfield  to  Amort.* 

Department  op  State 

Austin  April  2Jtih  I84I 
Sir 

Intelligence  reached  us  to  day  of  the  melancholy  event  to  the  United 
States  in  the  death  of  Gen.  William  Henry  Harrison  late  President  of 
that  Government.  In  honor  to  his  Memory,  and  to  the  Government 
over  which  he  presided  as  Chief  Magistrate  only  for  the  brief  period 
of  one  Month,  until  death  relieved  him  of  his  cares,  our  flag  is  flying 
at  half  mast,  and  salute  Guns^  are  firing  every  thirty  minutes,  until 
sunset.  Col  Bee's  letter  of  April  6th  to  Judge  Burnet  ^  mentions 
his  intentions  of  visiting  the  South  until  the  extra  session.  In  the 
mean  time  the  President  directs  that  you  will  seduously  urge  upon 
the  Government  of  the  United  States  the  necessity  of  immediately 
opening  the  negotiation  for  a  treaty.  This  Department  is  not  yet 
notified  that  the  attention  of  the  Government  of  the  United  States 
has  been  called  to  the  Subject.  If  it  is  concluded  on  the  part  of  that 
Government  to  open  the  negotiation  at  Washington  it  is  important 
that  this  Department  should  be  speedily  informed  thereof,  in  order 
that  the  necessary  instructions  should  be  forwarded  to  the  Legation 
at  Washington  City. 

The  reasons  that  have  hitherto  been  furnished  you,  together  with 
the  reasons  connected  with  the  difficulties  attending  a  due  under- 
standing of  the  stipulations  of  the  treaty,  will  it  is  hoped,  together 

a  See  Hamilton's  letter  of  that  date  in  the  Correspondence  with  France. 
^  See  Beoords  of  Department  of  State  (Texas),  Book  38,  p.  181-182. 
cThis  letter  has  not  been  found. 


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COBBESPONDENCB  WITH  THE  UNITED  STATES.  87 

with  such  arguments  as  may  naturally  be  suggested  to  your  mind, 
enable  you  to  induce  the  Government  of  the  United  States  to  enter  at 
once  upon  the  negotiation,  whereby  it  is  believed  our  relations  can  be 
more  satisfactorily  determined,  and  upon  principles  of  entire  reci- 
procity. 

In  your  intercourse  with  the  Secretary  of  State,  you  may  find  it 
more  advantageous,  and  better  calculated  to  facilitate  a  determina- 
tion of  the  question  to  seek  as  often  as  possible  a  personal  interview, 
and  discuss  the  question  verbally  with  Mr  Webster,  taking  care  always 
to  reduce  to  writing  the  substance  of  the  conversation  held  at  such 
interviews. 

The  difficulty  of  answering  or  replying  to  any  objections  that  may 
be  taken,  and  of  discussing  the  details  of  any  given  question  by 
written  communications,  renders  the  discussion  prolix  and  tedious; 
and  in  this  matter  it  is  becoming  a  question  of  no  inconsiderable 
importance  not  only  to  the  agricultural  and  commercial  interest  of 
this  coimtry,  but  particularly  so,  as  far  as  relates  to  our  revenue,  and 
the  Indians  on  our  borders. 

These  remarks  are  thrown  out  as  hints;  as  the  manner  of  conducting 
the  discussion  of  this  questiou  must  be  determined  by  you.  It  is 
desirable  that  you  should  not  fail  to  communicate  the  earliest  infor- 
mation of  the  conclusion  of  the  Government  of  the  United  States  on 
this  Subject. 

I  am  Dear  Sir,  with  sentiments  of  esteem. 
Your,  Obt.  Servant 

J.  S.  Mayfield. 
To  Nathanl  Amory 

Secretary  of  Legations  Washington  City. 


Secretary  op  State  op  the  United  States  [Webster]  to  Eve.** 


Roberts  to  Bee.* 

Department  op  State 
City  of  Austin  June  21  st  I84L 
Sir 

Soon  after  assuming  the  duties  of  Acting  Secretary  of  State  several 
communications  from  Mr  Amory  of  the  12th,  14th,  19th,  23rd  and 
30  th  April «  were  received  from  Mr  Mayfield  who  was  then  at 
Houston  and  who  stated  in  his  letter  accompanying  them,  that  he 
had  '^ answered  them"  but  omitted  to  send  to  the  Department  a 

a  Jtine  15, 1841.    See  Eve  to  Waples,  February  27, 1843,  in  Correspondeiice  with  the  United  States. 
b  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  192-195. 
e  That  of  the  12th  was  fh>m  Bee.    For  aU,  see  Part  I,  pp.  484-494. 


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88  AMEBICAN  HISTORICAL  ASSOCIATION. 

copy  of  his  reply,  having  accidently  left  it  at  Galveston.  Presuming 
that  Mr  Mayfield's  reply  to  your  several  Communications  was  full 
upon  every  point,  on  which  you  wished  for  information  or  instruc- 
tions, I  do  not  consider  it  necessary  to  do  more  than  acknowledge 
their  receipt. 

More  recently  Mr  Amory's  communication  of  the  20th  May,"  has 
been  received  The  formal  announcement  to  the  Government  of  the 
United  States  contained  in  that  letter,  of  the  resolutions  of  this 
Government  to  terminate  the  Treaty  of  the  5th  April  1831,  between 
the  United  States  and  Mexico,  so  far  as  it  is  binding  upon  the  United 
States  and  Texas,  in  all  matters  relating  to  Commerce  and  Naviga- 
tion, as  soon  after  the  date  of  said  communication  as  is  compatible 
with  the  provisions  of  the  34th  article  of  said  Treaty,  renders  it 
highly  important  that  a  substitute  should  be  provided  at  as  early  a 
day  as  possible.  It  seems  quite  evident  from  what  has  fallen  from 
Mr  Webster  in  the  personal  interviews  you  and  Mr  Amory  have  had 
with  him,  that  he  will  not  consent  that  the  treaty  should  be  made 
here.  It  will  therefore  be  of  vast  importance  to  us  to  know  dis- 
tinctly, as  far  as  you  can  ascertain  by  conversations  with  Mr  Webster, 
or  otherwise,  which,  or  how  many  of  the  principal  features  we  wish 
to  incorporate  in  the  Treaty,  they  will  make  most  difficulty  in  grant- 
ing and  what  will  probably  go  without  question.  There  seems  to  be 
three  distinct  and  separate  heads  or  branches,  under  the  one  or  the 
other  of  which,  every  topic  that  will  probably  enter  into  the  con- 
templated treaty  will  be  naturally  considered.  Viz:  1st.  The  free 
Navigation  of  the  border  rivers,  The  Sabine  and  Red  Rivers  to  the 
Sea,  2nd  Our  Indian  Relations,  3rd  Our  Commercial  and  Maratime 
relations  on  the  high  Seas. 

This  Department  is  not  informed,  whether  the  Grovemment  of  the 
United  States  will  contest  the  first  point  or  not,  but  as  it  is  one  of 
great  and  growing  imj>ortance  to  a  very  large  and  wealthy  portion 
of  our  citizens,  it  should  no  longer  be  permitted  to  remain  in  doubt. 
In  a  similar  case  in  the  early  history  of  the  United  States,  the  position 
which  that  Government  took  is  well  known,  one  of  the  very  first 
questions  which  was  raised  after  the  close  of  their  Revolutionary  war 
with  Spain,  was  upon  the  subject  of  the  Navigation  of  the  Mississippi. 
The  position  then  assumed  by  all  the  Diplomatic  Agents  of  the 
United  States,  who  had  occasion  to  touch  upon  this  subject,  was 
their  "natural  right  to  the  free  Navigation  of  the  Mississippi  to  its 
entrance  in  to  the  sea."  ^  The  Congress  too  on  several  occasions, 
asserted  their  claim  in  strong  and  emphatic  language.  One  resolu- 
tion particularly  may  be  mentioned.  On  the  16th  Septr  1788  the 
United  States  in  Congress  assembled,  Resolved  "That  The  free 
Navigation  of  the  Mississippi  is  a  clear  and  essential  right  of  the 

aSeePartI,p.  494H96. 

ft  Cf,  American  State  Paper;  Foreign  Relatione,  1, 251-263,  paeeim. 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  89 

United  States,  and  that  the  same  ought  to  be  considered  and  sup- 
ported as  such".  And  in  the  resolution  which  followed,  a  stop  was 
actually  put  to  the  negotiations  with  Spain  and  the  whole  matter 
referred  to  Congress,  because  of  the  unwavering  pertinacity,  with 
which  Spain  Clung  to  her  claim  of  the  exclusive  right  to  the  use  of 
that  river. 

The  conduct  pursued  by  the  United  States  throughout  that  con- 
troversy, is  a  matter  of  history  to  be  found  in  all  their  public  records. 
And  as  their  clainv  there  was  founded  in  reason  and  supported  by 
strong  and  unanswerable  arguments,  it  is  presumed  its  reasonableness, 
will  not  now  be  denied. 

The  position  which  the  United  States  then  occupied  towards  Spain, 
we  now  occupy  towards  her  precisely,  as  far  as  the  Navigation  of  the 
Red  river  is  concerned.  As  regards  the  free  Navigation  of  the  Sabine, 
the  question  is  a  little  varied;  but  not  it  is  thought  materially.  The 
United  States  own  to  the  Western  bank  below  the  31°^  N  latitude, 
above  that  the  River  is  entirely  our  own,  so  that  our  claim  is  stronger 
in  this  case  than  in  the  former.  In  fact  the  bare  supposition  that  our 
right  to  the  free  navigation  of  the  Sabine  will  be  questioned,  seems  a 
violent  one,  and  the  only  object  to  be  attained  in  introducing  it  into 
the  Treaty  is  to  shut  up  the  door  against  all  future  doubt.  I  have 
not  been  able  to  ascertain  whether  the  right  of  this  country  to  the 
free  navigation  of  the  red  River  has  ever  yet  been  formally  called  in 
question  by  the  Grovemment  of  the  United  States;  but  murmurs  and 
complaints  from  among  our  own  citizens  begin  to  be  frequent  of 
seizures  and  detentions  of  Texan  produce  by  the  authorities  of  the 
United  States  above  and  below  Natchitoches.  Our  settlements  on 
the  upper  part  of  the  Red  River  renders  it  necessary  that  this  matter 
should  be  definitely  settled,  at  the  very  earliest  possible  date.  The 
right  to  the  free  navigation  of  this  River  ought  never  to  be  abandoned. 
The  Mode  only  of  exercising  it  should  be  specified  in  the  Treaty. 

In  regard  to  our  Indian  relations,  it  would  be  diflBcult  it  seems  to 
me>  to  place  them  upon  a  fairer  or  more  equitable  footing  than  the 
one  they  already  occupy  in  the  33rd  article  of  the  Treaty  between 
the  United  States  and  Mexico,  which  Treaty  both  Texas  and  the 
United  States  have  tacitly  acknowledged  to  be  mutually  binding.  A 
little  more  precision  might  perhaps  be  given  to  certain  expressions  in 
it,  if  there  be  any  reasonable  doubt  as  to  their  true  meaning,  a  doubt 
which  however,  I  have  never  entertained  myself.  In  this  I  perceive 
I  differ  with  Mr  Mayfield  who  thinks  that  the  word  "incursions"  as 
used  in  the  Treaty  means  ''peaceable"  as  well  as  "warlike"  incurs 
sions — ^an  interpretation  which  I  think  is  Contradicted  by  the  Con- 
text. I  do  not  conceive  howef  er  that  it  matters  much  which  is  the 
true  interpretation.     The  Treaty  will  expire  in  May  next  at  any  rate, 

«  Properly  32'*. 


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90  AMEBICAN  HISTORICAL  ASSOCIATION. 

and  before  that  time  it  is  hoped  a  new  one  will  be  formed.  The 
mutual  obligations  of  the  two  Governments  to  restrain  their  Indians 
from  making  war  or  committing  depredations  upon  the  citizens  and 
property  of  their  neighbors,  is  to  my  mind  a  natural  one.  It  follows 
of  course  from  their  claims  of  sovereignty.  The  Indians  residing 
within  the  limits  of  the  United  States,  and  under  their  avowed  juris- 
diction, are,  so  far  as  all  foreign  powers  are  concerned,  *' Citizens"  of 
that  Country,  and  no  nation  will  be  permitted  to  enquire  into,  or 
intermeddle  with,  the  manner  in  which  they  are  governed,  and  that 
every  government  is  bound  to  restrain  their  Citizens  from  making 
war  on  a  friendly  power,  needs  only  to  be  asserted  to  be  universally 
accorded.  The  Same  reasoning  is  o^  course  equally  applicable  to 
this  Government.  If  this  principal  be  acquiesced  in  by  the  United 
States,  there  can  be  no  serious  difficulty  in  the  way  in  pointing  out 
in  what  maimer  restraints  shall  be  exercised.  When  Indians  are  at 
peace  with  the  power,  within  whose  limits  they  reside,  and  make 
war  upon  the  other  contracting  power,  it  ought  to  be  the  bounden 
duty  of  the  former,  to  send  such  a  Military  fore©  against  such  Indians, 
as  wiU  be  sufficient  to  disarm  them,  and  to  capture  the  principal 
offenders,  who  should  be  given  up  for  punishment  to  the  aggrieved 
party.  And  if  such  Indians  are  pensionaries  of  the  power  within 
whose  limits  they  reside,  their  pensions  ought  for  a  limited  period 
to  be  cut  off,  and  remuneration  made  for  the  damages  doniB  by  said 
Indians.  But  if  any  tribe  or  tribes  of  Indians  are  first  at  war  with 
the  power  within  whose  limits  they  reside,  and  afterwards  make  war 
or  hostile  incursions  upon  the  territory  of  the  other  contracting  party, 
all  that  either  party  could  in  justice  require  of  the  other,  would  be 
the  sending  of  such  a  Military  force  against  them  as  the  protection 
of  their  own  territory  and  Citizens  would  demand,  without  being  held 
responsible  for  any  property  taken  off  or  destroyed  by  the  Indians. 
One  other  point  only  presents  itself  on  this  subject  Viz:  the  obliga- 
tion on  the  part  of  the  United  States  to  remove  such  of  their  Indians 
from  our  territory  as  have  emigrated  from  theirs. 

We  may  well  insist  that  this  duty  on  their  part  is  clear  and  un- 
questionable so  far  as  relates  to  all  such  Indians  as  have  come  into 
our  territory  since  our  separation  from  Mexico,  as  well  as  to  those 
who  came  here  prior  to  that  period  without  the  sanction  or  permis- 
sion of  the  Supreme  power  of  Mexico  and  this  upon  such  obvious 
principles  that  it  is  not  thought  necessary  [to]  enumerate  them.  But 
that  there  is  another  obligation  on  the  part  of  the  United  States  to 
remove  such  as  came  here  by  permission  of  the  Mexican  Authorities, 
anterior  to  the  date  of  our  declaration  of  Independence,  and  while 
we  were  yet  of  course  an  integral  part  of  the  Mexican  Confederacy, 
may  well  be  doubted;  and  by  the  last  administration  of  the  United 
States  I  recollect,   was  expressly  denied.    How  far  the  present 


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COEBESPONDENCE  WITH  THE  UNITED  STATES.  91 

administration  will  be  willing  to  go,  will  be  for  you  to  ascertain, 
which  may  best  be  done,  at  personal  interviews  with  the  Secretary 
of  State. 

There  seems  no  necessity  of  specifying  by  name,  what  tribes  of 
Indians  are  meant  to  be  included  in  the  Treaty.  The  principle  once 
settled,  will  embrace  aU  residing  in  the  respective  limits  of  the  two 
Governments. 

As  regards  the  Third  principal  point,  little  need  be  said  about  it  in 
this  letter,  which  is  intended  rather  to  direct  your  attention  to  the 
particular  subjects  to  be  considered  in  the  contemplated  Treaty, 
than  to  instruct  you  conclusively  and  finally  on  them.  This  could 
not  be  done  at  all,  without  risking  an  inconsistency  in  the  instruction 
given  by  this  Department,  until  a  copy  of  Mr  Mayfield's  last  com- 
munication to  you  is  obtained,^  and  ought  not  to  be  done  until  this 
Department  is  better  informed  of  the  views  intertained  by  the  gov- 
ernment of  the  United  States  on  some  of  the  most  important  points. 
Entire  reciprocity  is  all  that  either  government  ought  to,  and  I  pre- 
sume does  expect.  What  amounts  to  reciprocity  has  been  so  long, 
and  so  well  settled  by  numerous  Commercial  Treaties  between  differ- 
erent  nations,  that  there  are  few  or  no  principles  left  in  doubt. 

It  seems  but  fair  that  as  the  United  States  are  to  have  all  the 
benefit  of  treating  at  home,  where  they  can  have  frequent  reference 
to  the  proper  Departments  for  information  and  instruction;  that  we 
should  be  entitled  to  something  like  an  equivalent.  It  is  proposed 
therefore,  that  the  Government  of  the  United  States,  after  being 
fully  advised  of  the  principal  points  which  this  government  desires 
to  settle  by  the  Treaty,  submit  a  sketch  of  such  a  Treaty  as  they  are 
willing  to  make  to  you  as  the  representative  of  this  government. 
The  only  advantage  we  could  expect  to  derive  from  their  compliance 
with  this  proposition,  would  be,  that  it  would  save  much  time,  as  the 
fewer  points  there  are  left  in  dispute,  the  less  time  will  be  required  to 
settle  them.  We  oflfer,  provided  they  will  consent  to  make  the 
Treaty  at  Austin,  to  do  what  we  require  of  them. 

It  is  hoped  that  as  soon  after  the  receipt  of  this  letter  as  possible, 
you  will  give  this  Department  all  the  information  you  may  be  able 
to  obtain  upon  the  different  subjects  presented,  as  well  as  the  answer 
of  the  United  States  Government  to  the  last  proposition. 

In  whatever  this  letter  may  conflict  with  Mr  Mayfields  last  com- 
munication to  you  from  Galveston,  this  must  yield,  and  his  will  be 
your  instructions,  the  reasons  for  this  is  obvious  to  you. 

The  Santa  F6  expedition  took  up  the  line  of  march  from  the  en- 
campment on  Brushy,  distant  about  twenty  miles,  on  the  morning 
of  the  20th  Inst.    The  Military  under  Command  of  Brevet  Brigadier 

a  liayfield's  last  oommnnlcation  on  the  subject  seems  to  have  been  from  Galveston  (see  the  first  p«n>- 
grq>h  of  this  letter),  bat  it  has  not  been  found. 


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92  AMERICAN  HISTORICAL  ASSOCIATION. 

General  Hugh  McLeod,  consists  of  five  companies  mounted  infantry 
and  one  of  Artillery.  A  caravan  of  Merchants  with  goods  suited  to 
the  market  drawn  in  waggons  accompanies  the  expedition  under  the 
protection  of  the  Government.  The  instructions  given  by  this 
Department  to  the  Commissioners  are  to  the  effect.  That  they  are  to 
endeavour  to  prevail  upon  the  people  of  New  Mexico  resideing  within 
our  limits^  to  submit  quietly  and  peaceably  to  an  incorporation  with 
us,  and  to  acknowledge  our  right  of  Jurisdiction  to  the  fullest  extent. 
This  being  accomplished  our  revenue  laws  are  to  be  put  in  force  at 
once  and  a  small  Military  force  kept  up  there  for  the  purpose  of 
repelling  any  sudden  attack  of  the  Mexicans  or  Indians."  A  Commis- 
sioner is  also  appointed  to  reside  at  Santa  F6  as  the  representative 
or  agent  of  this  Government,  with  special  instructions  for  his  guide.* 
No  further  alterations  are  contemplated  either  in  their  laws  or  form 
of  Government,  than  are  absolutely  necessary,  from  the  alteration  in 
their  affairs,  by  a  change  of  their  allegiance.  It  is  expected  that  a 
part  of  the  expedition  will  return  to  this  City  as  early  as  the  15th 
of  Novr.  next,  and  will  probably  bring  delegates  to  our  Congress. 

I  neglected  to  mention  above  one  other  subject  which  it  would  be 
well  to  sound  the  United  States  Government  upon.  I  mean  the 
granting  by  each  government  to  the  Citizens  of  the  other  a  free 
introduction  of  a  limited  number  of  slaves  when  taken  as  servants, 
for  the  purpose  of  attending  on  their  masters  or  owners,  and  not  for 
hire  or  sale.  This  is  a  delicate  topic  and  will  therefore  require  very 
nice  management.  You  must  exercise  your  own  Judgment  in  ascer- 
taining what  effect  the  introduction  of  such  a  feature  into  the 
Treaty,  would  have  upon  it  in  the  Senate.  It  would  not  do  to 
hazard  the  whole  Treaty  for  the  accomplishment  of  an  object  com- 
paratively insignificent.  I  only  call  your  attention  to  this,  as  I 
have  to  the  other  topics  embraced  in  this  letter,  reserving  more 
particular  instructions,  for  Mr  Mayfield  on  his  return  to  the  Seat  of 
Government. 

I  have  the  honor  to  be 
Very  Respectfully 

Your  Obt  Servt. 


To  Hon  Barnard  E  Bee. 

i  Washington, 


Saml.  a  Roberts 
Aclin^  Secy  of  State. 


a  For  the  instructions,  see  Roberts  to  Cooke  and  others,  June  15, 1841,  in  Correspondence  with  Mexico. 
b  See  Roberts  to  Cooke,  June  15, 1841,  in  the  Correspondence  with  Mexico. 


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correspondence  with  the  united  states.  93 

Roberts  to  Bee.** 

Department  of  State 

July  8th  1841. 
Sir: 

Since  my  last  letter  to  you,  Mr  Ainory's  favor  of  the  12th  ult.  has 
been  received  to  which  no  particular  reply  is  necessary.  We  are 
anxiously  expecting  further  advices  from  you  upon  the  subject  of  the 
contemplated  Treaty.  The  President  is  extremely  anxious  to  have 
that  business  closed  before  the  meeting  of  Congress  if  possible,  and 
at  any  rate  before  the  expiration  of  his  term  of  office.  A  Treaty  upon 
a  basis  of  strict  reciprocity  cannot  be  a  bad  one,  and  with  no  other 
guide  you  might  confidently  proceed  to  the  discussion  of  the  different 
articles.  The  protracted  absence  of  Mr  Mayfield  has  prevented  any 
more  specific  instructions  than  the  hints  contained  in  my  Communi- 
cation of  the  21st  June  last. 

I  have  reason  to  believe  that  some  of  the  original  drafts  of  our 
earliest  public  papers  were  taken  on  to  Washington  City,  and  are 
now  on  file  in  some  of  the  Departments  there,  probably  the  war 
[Department].  The  journal  for  several  days  of  the  proceedings  of  the 
Convention,  The  original  Constitution  et<5.  are  all  missing 

These  papers  if  there,  will  doubtless  be  given  up  with  pleasure  by 
the  Government  of  the  United  States.  The  mode  of  making  the 
application,  can  be  best  judged  of  by  you.  Your  particular  atten- 
tion is  called  to  it  as  a  matter  of  interest  in  the  future  history  of  this 
Country. 

I  enclose  a  communication  for  Genl.  Hamilton  ^  wliich  I  wish 
forwarded  by  first  safe  opportunity.  The  letters  and  the  papers 
accompanying  it  are  left  unsealed  that  you  may  first  read  them. 
They  will  fully  advise  you  of  all  that  has  transpired  up  to  this  time. 
When  I  wrote  last  night  to  Gen  H.  I  thought  I  should  accompany 
Genl  Lamar  to  Galveston.  I  think  now  it  will  not  be  necessary. 
Genl  Lamar  will  go  down  alone,  and  either  he  or  Judge  Webb  will 
inform  Gen  Hamilton  of  all  that  will  be  necessary  for  him  to  know. 
I  have  the  honor  to  be  with  high  regard 
Your  Obt  Servt 

Saml.  a  Roberts 
Acting  Secy  of  State, 

The  Hon 

Barnard  E  Bee 

a  See  Records  of  D^Mirtment  of  State  (Texas)^  Book  38,  p.  106-197. 

fr  Roberts  to  Hamilton,  July  5, 1841.    See  Correspondeiioe  with  Great  Britain. 


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94  american  historical  association. 

Roberts  to  Eve.« 

Department  of  State 
City  of  Austin  August  llih  I84L 
Sm. 

I  had  the  honor  of  receiving  this  morning  your  letter  from  Gal- 
veston of  the  31st  Ult.  addressed  to  the  Secretary  of  State,  with  the 
papers  mentioned  to  be  enclosed  in  it.* 

Unfortunately  our  Mail  arrangement  is  such  as  to  leave  but  one 
entire  day  between  its  arrival  and  departure,  which  usually  renders 
it  impossible  to  do  any  more  than  to  acknowledge  by  the  return  of 
the  post,  the  receipt  of  any  communication  of  the  important  character 
which  yours  possesses. 

It  will  however  be  immediately  laid  before  the  President,  and  I 
flatter  myself,  that  such  order  will  be  taken  respecting  the  subject  of 
your  request,  as  will  prove  satisfactory  to  you. 

I  avail  myself  of  this  occasion  to  tender  you  assurances  of  my 
distinguished  consideration, 

Saml.  a  Roberts 
Actijig  Secy  of  State 
Hon  Joseph  Eve 

Charge  d'affaires  of  the 

United  States, 


Roberts  to  Eve.* 

Department  of  State 
Austin  August  17ih  I84I. 
Sir: 

Your  communication  of  the  31st  ult,  the  receipt  of  which  was 
acknowledged  in  my  note  to  you  of  the  11th  Inst,  has  been  submitted 
to  the  President  and  I  have  his  instructions  to  make  the  following 
reply. 

Among  the  papers  accompan[y]ing  that  communication  is  a  cer- 
tified copy  of  an  indictment  "found  by  one  of  the  Criminal  Courts 
for  the  State  of  Louisiana''  against  one  Moro  Philips  for  stealing 
two  negro  Slaves  in  the  said  State  of  Louisiana,  and  who,  it  is  alledged, 
has  "fled  with  them  to  the  Republic  of  Texas". 

In  a  subsequent  part  of  your  communication  you  say — "In  the 
absence  of  a  Treaty  stipulation  with  the  two  Governments,  upon  the 
subject  of  fugitives  from  justice,  I  am  aware  that  the  surrender  of 
Philips  cannot  be  claimed  as  a  matter  of  right.  It  has  however  been 
understood  and  believed  in  the  United  States  that  the  Government 

a  See  Records  of  Department  of  State  (Texas),  Book  38,  p.  197. 

h  For  the  letter  and  enclosures,  see  Part  I,  pp.  504-506. 

•  See  Records  of  Department  of  State  (Texas),  Book  38,  p..l98. 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  95 

of  Texas,  from  feelings  of  comity  which  exist  between  the  two 
Republic's,  would  not  be  disinclined  to  surrender  to  the  proper 
authorities  fugitives  from  justice  from  the  United  States,''  and  that 
you  are  "therefore  instructed  by  the  Government  of  the  United 
States  to  request  through  you  (me)  that  the  Government  of  Texas 
surrender  the  said  Moro  Philips  to  the  proper  authorities  of  Louisi- 
ana." Whatever  may  be  the  "feelings"  which  this  Government 
entertains  on  this  Subject,  the  avowal  of  the  accredited  agent  of  the 
United  States  on  a  recent  occasion,  when  making  a  similar  demand 
of  this  Government,  "  that  the  Executive  of  the  United  States  is  not 
empowered  to  deliver  Criminals  to  foreign  Governments  in  the 
absence  of  Treaty  stipulations  to  that  effect"**  would  of  itself  be 
amply  sufficient  to  justify  the  President  in  refusing  to  comply  with 
your  request  even  if  his  constitutional  right  to  do  so,  was  clear  and 
unquestionable;  for  it  surely  cannot  be  expected  of  one  nation,  to 
exercise  an  act  of  international  courtesy,  when  it  is  distinctly  informed 
beforehand  that  the  same  act,  under  similar  circumstances  would  not 
be  reciprocated.  I  do  not  mean  now  to  intimate,  what  course  this 
Government  would  have  pursued  if  the  case  had  been  differently 
presented.  I  know  of  no  public  act  or  declaration  on  the  part  of  this 
Government,  which  authorizes  the  inference  that  it  (the  Government) 
would  not  be  disinclined  to  surrender  to  the  proper  authorities,  "  fugi- 
tives from  justice  from  the  United  States"  nor  indeed  do  I  understand 
you  as  deducing  your  inference  from  any  such  authority.  If  I  am 
mistaken  in  this  you  will  correct  me.  But  even  then  the  President 
would  feel  himself  clearly  absolved  from  any  obligation  he  might 
otherwise  have  felt  himself  under,  by  the  official  avowal  of  the  policy 
as  above  quoted,  which  the  Executive  of  the  United  States  would 
pursue  in  like  cases  towards  this  Government. 

In  no  view  of  the  case  does  the  President  then  feel  that  he  is  called 
on  to  deliver  to  the  United  State,  Moro  Philips,  who,  it  is  alledged,  is 
a  fugitive  from  justice;  and  I  am  therefore  instructed  by  the  Presi- 
dent to  inform  you  that  he  declines,  for  the  reasons  above  given, 
complying  with  your  request. 

It  affords  me  much  pleasure  Sir,  to  furnish  you  with  a  copy  of  the 
Treaty  between  this  Government  and  France,  as  you  request.  It  is 
sent  with  this  Communication. 

I  avail  myself  of  this  occasion  to  renew  to  you  assurances  of  my 
high  regard  and  consideration. 

Saml  a  Roberts 
Acting  Secy  of  State, 
Hon  Joseph  Eve 

Charge  d'affaires.  U.  S.  A. 

a  See  Flood  to  Burnet,  February  12, 1841,  Part  I,  pp.  47S-479. 


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96  american  historical  association. 

Roberts  to  Bee.« 

Department  of  State 

Austin  7th  Septr  184L 
Sir: 

Your  communication  of  the  31st  July  was  received  by  the  last 
Mail,  and  with  it,  a  copy  of  your  note  to  Mr  Webster  on  the  sub- 
ject of  the  contemplated  treaty  with  the  United  States.^  A  short 
time  previous  to  this,  yours  of  the  13th  July  to  this  Department'' 
also  came  safely  to  hand.  In  this  last  you  mention  that  you  are 
entitled  to  a  reply  from  Mr  Webster  to  your  note  of  the  19th  May 
relative  to  Indian  encroachments.**  This  subject  is  becoming  a 
very  interesting  one  to  the  people  of  this  country,  and  it  is  earnestly 
hoped,  that  you  will  receive  a  speedy  and  satisfactory  reply  from 
the  Government  of  the  United  States.  Doctor  Robertson  whose 
negroes,  you  will  recollect,  were  taken  by  the  Indians,  and  were 
subsequently  found  to  be  held  by  persons  residing  within  the  ter- 
ritory of  the  United  States  (the  evidence  of  which  was  furnished 
to  you  from  this  Department  on  the  20th  April)  has  already  gone  to 
great  expense  in  the  pursuit  of  his  property;  and  has  been  damaged, 
by  the  loss  of  time  etc.  to  an  amount,  that  even  a  prompt  restitution 
of  his  property  could  not  repay.  But  if  it  is  delayed  much  longer, 
the  chances  of  finding  the  negroes  again  will  be  very  much  diminished, 
and  their  value  greatly  lessened  by  the  idle  and  dissolute^  habits 
which  negroes  so  readily  contract  from  a  long  residence  with  savages. 
It  is  particularly  desirable  therefore,  that  this  subject  should  not 
be  permitted  to  slumber,  but  that  you  should  press  as  earnestly  as 
would  be  becoming,  for  an  answer. 

Mr  Webster's  reply  to  your  communication  of  the  13th «  April 
remonstrating  against  the  violation  of  our  territory  by  a  deputy 
Marshall  (Ferguson)  of  the  state  of  Arkansas,  a  copy  of  which  was 
enclosed  in  your  despatch  of  the  13th  July,  if  not  altogether  satis- 
factory, is  at  least  all  that  we  could  reasonably  demand  under  the 
pecuUar  circumstances  of  the  case.  It  is  of  the  less  importance  in  a 
National  point  of  view,  as  the  Uke  cannot  well  happen  again.  The 
boundary  line  is  completed,  and  the  officers  of  neither  Government 
can  hereafter  plead  ignorance  upon  this  point. 

From  your  communication  of  the  31st  July,  I  learn  with  regret 
that  Mr  Webster  will  probably  adhere  to  his  first  resolution  as  to 
the  place  of  negotiating  the  Contemplated  Treaty.  Tlie  press  of 
business  in  his  Department  and  the  heavy  demands  upon  his  time 

aSee  Reoords  o  fDepaitment  of  State  (Texas),  Book  38,  p.  199-202. 

b  For  both,  see  Part  I,  p.  506-513.    The  note  to  Webster  was  dated  July  27. 

«  See  Part  I,  pp.  499-501. 

d  The  note  was  written  by  Amory.  For  an  extract  see  Part  I,  p.  496;  for  the  remainder.  Part  I,  Calendar. 

«  This  should  be  the  12th.    See  Part  I,  pp.  484-485. 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  97 

will  not  permit  him  to  give  the  subject  that  constant  attention 
which  we  so  much  desire;  and  I  much  fear  the  negotiations  will  be 
protracted  beyond  the  constitutional  term  of  the  present  admin- 
istration. Nothing  remains  however,  but  to  use  all  diligence  in 
urging  it  forward  in  Washington  with  all  possible  despatch. 

Your  note  of  the  27th  July  to  Mr  Webster,  has  been  carefully  read 
by  the  President  and  receives  his  approval.  You  were  not  mistaken 
in  supposing  that  this  Government  would  claim  the  right  of  entrepdt; 
or  of  transhipping  their  produce  from  some  point  on  the  Mississippi, 
free  of  all  charges  except  the  ordinary  ones  of  Storage,  wharfage  etc. 
when  the  produce  is  to  be  sent  to  a  foreign  coimtry  for  sale  or  traffic. 
What  point  the  Government  of  the  United  States  may  think  proper 
to  assign  to  us  for  this  purpose  is  not  very  material  (though  an  eye 
should  certainly  be  had  to^  its  convenience)  The  principle  is  what 
we  are  most  concerned  about.  In  my  communication  to  you  of  the 
21st  June,**  I  did  not  it  is  true,  mention  this  as  one  of  the  principal 
heads  of  the  contemplated  Treaty.  I  regarded  it,  as  you  have 
rightly  conjectured,  as  included  in  our  claim  of  the  right  of  free 
navigation  of  the  Red  River  to  its  entrance  into  the  sea,  and  it  is 
so  essential  to  a  full  exercise  of  that  right,  that  it  is  difficult  to  con- 
ceive how  it  could  be  supposed  to  exist  without.  It  would  in  fact 
be  manifestly  absurd,  to  concede  to  us  the  right  of  free  navigation, 
and  in  the  very  same  instrument  assert  the  right  of  taxing  us  upon 
the  transhipment  of  our  produce  into  vessels  calculated  for  the  sea; 
which,  from  the  unfitness  of  the  river  craft  for  the  navigation  of  the 
ocean,  would  always  have  to  be  done.  It  involves  an  absurdity  of 
terms,  for  how  can  that  navigation  be  said  to  be  free,  when  we  are 
compelled  at  some  point  to  pay  the  duties  exacted  by  the  impost 
laws  for  all  goods  introduced  into  the  coimtry?  There  can  be  no 
need  of  a  Treaty  to  secure  the  right  to  us  (I  mean  the  right  of  import- 
ing into  the  United  States  all  of  our  produce  upon  paying  the  duties 
thereupon)  for  we  already  enjoy  it,  in  common  with  all  Nations 
who  are  on  friendly  terms  with  the  United  States.  Nor  do  I  con-' 
ceive  that  it  ought  to  make  any  difference  whether  we  employ  as 
our  carriers,  Texan  or  American  bottoms  or  bottoms  of  a  third  power. 
You  recognize  none  I  perceive  in  your  commxinication  to  Mr  Webster, 
though  in  your  letter  to  this  Department,  you  make  a  distinction 
between  American  bottoms  and  our  own 

If  the  United  States  have  it  in  contemplation  as  you  seem  to 
intimate,  to  deny  to  this  coimtry  the  right  of  entrepdt,  they,  would 
be  much  more  likely  to  do  so,  if  it  was  believed  by  them  that  we  were 
to  be  our  own  carriers,  while  the  prospect  of  opening  a  new  channel 
to  the  enterprise  and  industry  of  American  Ship  owners  could  not 

a  In  this  series  of  addenda. 
89728^— VOL  2,  ft  1—11 7 


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98  AMEBICAN  HISTORICAL  ASSOCIATION. 

fail  to  operate  as  an  inducement  with  that  Government  to  grant  our 
demands.  I  do  not  apprehend  therefore  that  you  will  find  any 
difficulty  in  negotiating  for  the  right  to  tranship  in  American  bot- 
toms, if  they  concede  to  us  the  right  to  tranship  in  our  own.  As 
concerns  bottoms  of  third  parties,  it  is  more  a  subject  of  Treaty 
between  the  United  States  and  such  parties  than  between  us.  You 
will  however  be  authorized  and  expected  to  see  that  nothing  enters 
into  the  Tl-eaty  on  this  subject,  which  would  be  injurious  to  the 
interests  of  our  citizens. 

Until  the  receipt  of  your  last  communication  I  did  not  apprehend 
much  difficulty  in  settling  with  the  United  States  the  free  navigation 
of  the  border  Rivers  to  the  Sea.  That  is  the  last  nation  that  ought  to 
question  that  right,  for  no  other  has  taken  such  strong  ground  in 
favor  of  the  principle,  or  been  more  consistent  in  maintaining  it. 
In  addition  to  the  references  I  have  already  cited  you  to  in  proof  of 
this,  you  have  but  to  turn  to  her  diplomatic  correspondence  to  find 
volumes  to  the  same  eflFect;  Besides  This  I  do  not  think  you  will  find 
it  difficult  to  establish  that  it  is  now  the  settled  law  of  nations  as 
recognized  by  most,  if  not  aU  the  leading  powers  of  Europe,  Thai 
navigable  Rivers  are  public  highways,  when  they  rise  in  one  coimtry 
and  empty  into  the  sea,  in  another,  so  far  at  least,  as  the  coimtry  in 
which  they  rise  is  concerned.  I  well  recollect  reading  in  a  Newspaper 
a  case  of  this  kind,  which  was  settled  some  two  or  three  years  ago, 
in  some  of  the  European  Governments,  (I  have  forgotten  which) 
nor  have  I  as  you  know  such  books  as  would  assist  my  memory; 
but  this  I  well  recollect,  that  the  principle  was  said  to  be  extended 
beyond  the  rule  laid  down  at  the  Congress  of  Vienna.  Should  it  be 
necessary  you  will  probably  be  able  to  find  the  authority  last 
alluded  to  in  the  libraries  of  some  of  the  Legations  in  Washington. 

This  question  is  one  of  vast  importance  to  us,  and  I  have  therefore 
devoted  a  large  share  of  my  letter  to  it.  It  remains  now,  only  to 
instruct  you  concerning  the  conclusions  to  which  the  President  has 
come  after  a  mature  consideration  of  the  subject  in  all  its  bearings. 

He  directs  then,  that  imless  the  United  States  concede  to  us  the 
right  of  freely  navigating  the  border  Rivers,  and  of  transhiping 
whatever  we  may  have  for  export,  free  of  all  tariff  and  impost  duties, 
sjid  the  right  of  landing  and  storing  our  produce  when  vessels  are 
not  in  readiness  to  take  it  off,  by  paying  the  customary  charges  for 
wharfage,  storage  etc.  that  you  be  instructed  to  enter  into  no  Treaty 
at  all  upon  this  subject.  It  is  one  upon  which  this  Government 
can  make  no  compi;omise  without  inflicting  a  lasting  injury  upon  that 
portion  of  our  inhabitants  residing  on  or  near  the  border  Rivers; 
and  at  the  same  time  jeopardizing  a  great  national  right,  the  enforce- 
ment of  which,  as  soon  as  its  importance  is  felt,  and  the  principles 
upon  which  it  rests  are  imderstood,  will  be  demanded  by  every 


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CORRESPONDENCE   WITH  THE  UNITED  STATES.  99 

voice  of  the  Nation.  We  had  best  therefore,  meet  the  question  at 
once.  No  Government  ever  can,  without  the  loss  of  National  honor, 
stand  by  and  see  her  citizens  stripped  of  a  ^' right'', which,  to  quote 
the  language  of  the  Congress  of  the  United  States  on  a  case  precisely 
similar,  is  ^^dear  and  essentiai'*  and  one  that  would  be  weak  enough 
to  allow  it,  could  never  be  sustained  by  a  free  people.  We  have  as 
little  doubt  of  our  right,  as  the  United  States  had  of  theirs  when 
contending  with  Spain,  for  the  free  navigation  of  the  Mississippi. 

In  all  your  intercourse  therefore  with  Mr  Webster,  whenever  the 
navigation  of  the  border  Rivers  is  the  subject,  you  will  always  repre- 
sent the  free  navigation  and  the  rigJU  of  entrepdt  as  a  Sine  qua  non. 
If  both  of  these  points  are  not  conceded,  you  will  not  be  authorized 
to  consent  to  any  arrangement  concerning  the  navigation  of  the  Red 
River  particularly  (for  the  Sabine  stands  on  a  different  footing)  by 
which  by  the  remotest  implication,  there  is  any  abandonment  of  the 
principle  we  have  set  out  with. 

If  it  is  found  to  be  impossible  to  incorporate  our  demands  on  this 
head  in  the  Treaty;  then  that  entire  branch  of  the  subject  must  be 
left  open,  and  your  attention  will  be  turned  to  the  points  mentioned 
in  my  former  communications,  and  your  note  to  Mr  Webster  of  the 
27th  July. 

If  we  are  balked  in  so  essential  a  feature  of  the  Treaty  as  the  free 
navigation  of  the  border  Rivers,  it  will  be  difficult  to  make  any 
Treaty  which  will  be  satisfactory  to  this  nation.  Under  these  cir- 
cumstances therefore,  too  long  a  period  for  its  duration  ought  not  to 
be  fixed  upon.  The  navigation  question  must  come  up  again  and 
that  before  very  long;  when  it  will  be  desirable  to  have  the  subject 
open  for  discussion.  Perhaps  the  United  States,  would  consent  in 
the  treaty  (in  case  you  do  not  come  to  some  understanding  now)  to 
leave  this  particular  subject  open  for  discussion  at  an  early  period. 
I  only  suggest  this,  leaving  it  to  your  discretion  whether  you  will 
avail  yourself  of  it,  or  not. 

Your  omission  to  say  anything  to  Mr  Webster  on  the  subject  of 
introducing  slaves  from  one  Country  to  the  Other,  when  travelling 
with  their  owners,  as  servants,  is  perhaps,  upon  the  whole  well. 
There  cannot  however  be  any  objection  to  ascertaining  the  views 
of  the  Government  of  the  United  States  upon  this  subject,  which 
may  be  best  done  in  personal  interviews.  If  that  Government 
seems  much  averse  to  such  a  stipulation,  you  ought  not  to  hesitate 
to  abandon  it;  but  if  it  is  a  matter  of  indifference,  with  them,  the 
opportunity  ought  not  to  be  lost  of  securing  a  privilege,  the  want  of 
which  is  so  serious  an  inconvenience  to  the  citizens  of  both  countries. 

I  have  not  complied  with  your  request  to  ''draw  out  in  full  form 
^uch  a  convention  as  our  Government  is  desirious  of  intering  into,*' 
for  the  reason  that  it  would  be  almost  a  miracle  if  such  an  one  would 


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100  AMEBICAN  HISTORICAL  ASSOCIATION. 

not  be  so  changed  and  altered  in  various  ways  before  it  could  be 
made  entirely  acceptable  to  the  United  States,  that  it  could  hardly 
be  recognized  as  the  one  furnished  by  the  Government;  besides  this 
it  rarely  happens  that  your  first  demands  are  all  acceded  to.  You 
must  then  fall  to  a  second  and  frequently  to  a  third.  If  the  Govern- 
ment should  furnish  a  project  of  a  convention,  it  would  of  course, 
embody  its  first  demands  on  every  point,  and  if  not  accepted  in  that 
Shape,  which  it  would  not  often  be,  it  would  be  of  little  use  beyond 
supplying  a  form,  for  which  of  course  you  do  not  feel  at  any  loss. 

I  enclose  as  you  request  a  copy  of  the  Treaty  with  France.  This, 
with  those  you  already  have,  will  be  excellent  guides  in  many  par- 
ticulars. 

A  separate  commission  to  make  the  Treaty  is  also  enclosed.  I 
knew  the  necessity  of  this;  and  soon  after  coining  into  office,  made 
some  enqidry  about  it,  and  was  left  under  the  impression  that  full 
powers  for  tiiis  purpose  had  been  conferred  upon  you. 

I  think  now  you  are  well  informed  on  all  the  points  of  a  material 
character  that  we  desire  to  arrange  with  the  United  States.  There 
are  of  course  minor  ones,  such  as  enter  into  all  treaties,  that  have  not, 
been  dwelt  upon.    They  are  referred  to  your  judgment  and  discretion. 

I  cannot  close  this  communication  without  mentioning  the  anxiety 
of  the  President  to  accomplish  this  negotiation  with  the  United 
States  so  as  to  lay  it  before  the  Congress  at  its  meeting  in  November, 
or  at  least,  before  his  term  of  office  expires. 
I  have  the  honor  to  be 
Your  Obt  Servt 

Saml.  a  Roberts 

Secretary  of  State 
Hon  Barnard  E  Bee 
Chargi  d^  Affaires 

etc.  etc,  etc. 


Houston  to  Eve." 

Executive  Department, 
City  ofHmiston,  SOth,  Jvly,  1842. 
Hon.  Joseph  Eve. 

Sir — ^Your  note  of  the  27th  instant,  relative  to  the  Brig  "  Retrieve", 
reached  me  at  a  moment  when  it  was  not  possible  for  me  to  reply.* 

I  regret  that  any  difficulty  should  have  arisen  as  to  the  cruise. 
So  soon  as  it  is  possible  to  look  into  the  matter  it  shall  be  done; 
and  whenever  the  government  is  able  to  do  so,  all  just  remuneration 
will  be  made  to  the  captain  and  owners.  To  what  extent  will  be 
proper,  I  am  unable  to  determine. 

a  See  Records  of  Department  of  State  (Texas),  Book  40,  p.  135. 

h  This  probably  refers  to  the  letter  of  Eve  to  Waples  of  the  given  date  (See  Fart  I,  pp.  57^573).   1/  there 
was  a  separate  letter  to  Houston,  it  has  not  been  found. 


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CORlUBSPONDENCEi  Wl-TH  THE  UNITED  STATES.  101 

To  day  I  directed  the  Acting  Secretary  of  State  to  write  to  you 
upon  the  subject,  so  far  as  facts  are  in  his  knowledge,  at  the  same 
time  to  assure  you  that  at  this  time  the  country  has  not  means  to 
meet  the  demand,  if  it  should  be  found  just  and  right  to  do  so  when 
it  is  able. 

With  perfect  respect, 

I  have  the  honor  to  be  your  obt.  servt., 


Houston  to  Roman.** 

Sam  Houston,  in  the  name  and  by  the  authority  of  the  Republic 
of  Texas,  to  His  Excellency  A.  B.  Roman,  Governor  of  the  State  of 
Louisana,  of  the  United  States  of  America:  Greeting: 

By  virtue  of  a  communication  received  from  E.  W.  Moore,  Esquire, 
Commanding  the  Texas  Navy,  under  date  of  the  7th.  instant,  I  am 
placed  in  possession  of  a  corresi>ondence  between  your  Excellency 
and  himself,  relative  to  certain  individuals,  refugees  from  justice, 
who  are  charged  as  mutineers  on  board  the  schooner  San  Antonio, 
a  Texian  vessel  of  war,  and  as  murderers  of  one  of  the  officers  of  said 
vessel  during  the  month  of  February  last,  then  in  the  Port  of  New 
Orleans. 

The  names  of  the  individuals  are  Seymour  Oswald,  T.  D.  Shepherd, 
J.  Allen,  William  Barrington,  James  Hudgeons,  William  Simpson, 
Edward  Keener,  Benjamin  Pompilly  and  Edward  Williams,  who 
are  now  held  as  prisoners  in  the  State  of  Louisiana. 

Your  Excellency  is  hereby  requested  (and  a  respectful  demand 
is  made)  to  deliver  to  Commodore  E.  W.  Moore  the  above  named 
men,  and  all  who  may  be  implicated  in  order  that  they  may  be 
dealt  with  in  accordance  with  the  laws  which  they  are  charged  to 
have  so  grossly  violated. 

Given  under  my  hand  and  the  Great  Seal  of  the  Republic,  at  the 
City  of  Houston,  the  12th.  day  of  September,  A.  D.  1842, 

L.  s.    and  of  the  independence  of  the  Republic  the  seventh. 


Houston  to  Roman.* 

Sam  Houston,  President  of  (he  Republic  of  Texas, 

To  His  Excellency,  A.  B.  Roman,  Governor  of  the  State  of 
Louisana^  one  of  the  United  States  of  America: 
Greeting: 

Whereas  the  government  of  the  Republic  of  Texas,  hath  received 
due  and  authentic  information,  through  the  despatches  of  Commodore 


a  See  Records  of  Department  of  State  (Texas),  Book  40,  p.  144. 
» Ibid.,  p.  156-166. 


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102  AMERICAN  HISTORICAL  ASSOCIATION. 

E.  W.  Moore,  commanding  Texas  Navy,  under  date  of  the  14th. 
mstant,  that  a  certain  individual,  named  Antonio  Landoit,  is  at 
present  a  prisoner  in  the  State  of  Louisana  aforesaid: 

And  whereas,  also,  the  said  Antonio  Landoit  stands  charged  with 
having  committed  the  crime  of  mutiny  on  board  the  Schooner  San 
Antonio,  a  Texian  vessel  of  war,  at  the  time  lying  in  the  port  of  New 
Orleans;  and  also  as  a  murderer  of  some  of  the  oflScers  of  said  vessel, 
and  who  is  now  a  refugee  from  justice: 

Therefore,  a  request  (and  respectful  demand)  is  hereby  made  upon 
His  Excellency,  the  (lovemor  of  the  said  State,  for  the  person  of  the 
said  Antonio  Landoit,  to  be  delivered  over  to  Commodore  E.  W. 
Moore,  commanding  as  aforesaid,  to  be  dealt  with  as  the  laws  which 
he  is  charged  to  have  so  grossly  violated  may  prescribe. 

In  testimony  whereof,  I  hereunto  set  my  hand  and  aflix  the  great 
seal  of  the  Republic.     Done  at  Washington,  the  29th.  day 

L.  s.  of  October,  in  the  year  1842,  and  of  the  independence  of 
the  Republic  the  seventh. 


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Corresponierhcefor  184S-1846. 

Houston  to  [Roman].** 

[Requesting  the  surrender  of  an  "individual,  calling  himself  by 

the  name  of  Poufief,  Pouief,  alias" ,  charged  with  murder  in 

Texas.] 

Eve  TO  Jones.* 


Eve  to  Webster.  « 


Van  Zandt  to  Archee.** 


Van  Zandt  to  Jones.* 

Dispatch  No  94 

Legation  op  Texas 
Washington  City,  11th  J  any 

184S 
To  the  Hon 

Anson  Jones 

Secretary  of  State  of  Texas. 
Sm 

I  have  the  honor  to  acknowledge  the  receipt  this  morning  of  your 
commimication  of  the  23rd  ultimo  informing  me  of  the  appointment 
of  a  time  and  place  for  the  meeting  of  the  several  Indian  tribes. or 
their  chiefs  for  the  purpose  of  entering  into  treaty  stipulations  with 
the  Government  of  Texas  for  the  securing  and  maintaining  a  perma- 
nent peace  with  these  tribes,  with  instructions  to  immediately  call 
the  attention  of  the  Government  of  the  United  States  to  the  subject 
that  a  commissioner  or  commissioners  might  be  appointed  to  act  in 
conjunction  with  the  commissioners  on  the  part  of  Texas  to  effect  this 
object  and  by  which  the  United  States  should  become  a  party  to  such 
treaty  or  treaties  that  might  be  concluded  between  the  parties.  In 
obedience  to  your  instructions  I  have  hastened  to  lay  this  subject 
before  the  President  and  Secretary  of  War  in  a  personal  interview 

a  Jannaiy  2, 1843.    See  Records  of  Department  of  State  (Texas),  Book  40,  p.  187-188.    Roman,  whose 
Initials  are  A.  B.,  was  governor  of  Louisiana.  « 

ft  A.  L.  8.,  January  2, 1843.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
e  January  7, 1843.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
d  January  10, 1843.    See  Van  Zandt  to  Jones,  March  13, 1843. 
•  L.S. 

103 


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104  AMERICAN  HISTORICAL  ASSOCIATION. 

which  I  have  just  had  beUevmg  that  to  be  the  better  method,  that  I 
might  explain  more  fully  the  objects  of  the  Government  of  Texas. 
The  result  of  this  interview  I  submit  for  your  consideration. 

The  measure  is  highly  approved  of  by  the  President  and  Secretary 
of  War  and  the  greatest  solicitude  is  manifested  by  them  both,  to 
co-operate  with  the  Govt  of  Texas  in  her  efforts  to  secure  peace  with 
the  Indians  and  give  security  to  the  frontiers  of  both  countries;  but 
it  is  the  opinion  of  the  Secretary  of  War  that  it  will  not  be  possible 
for  this  government  to  send  its  agent  with  the  necessary  instructions 
in  time  to  enable  him  to  reach  the  Waco  Village  by  the  9th  to  20th 
of  February  that  it  would  require  several  days  for  the  Secretary  to 
examine  the  subject  and  prepare  the  instructions  of  the  department 
to  the  Agent  which  should  govern  him,  that,  in  fact  the  leading  fea- 
tures of  the  arrangements  to  which  this  Government  was  to  become  a 
party  must  be  specifically  set  forth  to  the  agent  in  his  instructions  and 
beyond  which  he  would  not  be  authorized  to  act.  The  secretary  then 
proposed  to  submit  the  same  to  me  for  examination  and  discussion  so 
soon  as  he  should  determine  upon  the  different  points.  The  secretary 
informed  me  that  Mr  Armstrong  who  is  the  general  Indian  Agent  in 
that  quarter  was  the  individual  who  would  be  appointed  as  commis- 
sioner; that  his  residence  was  at  Fort  Gibson  and  that  thirty  days 
would  be  required  to  communicate  with  him,  adding  five  days  to  pre- 
pare his  instructions  and  twelve  days  for  his  traveling  to  the  Waco 
Village  would  bring  it  to  the  25th  of  February  as  the  shortest  time 
possible  at  which  he  could  be  expected  to  meet  the  commissioners  on 
the  part  of  Texas  with  the  Indians.  The  Secretary  then  urged  the 
propriety  of  a  postponement  of  the  Council  untill  some  time  in  the 
spring.  To  this  I  replied  that  it  was  important  that  no  disappoint- 
ment should  be  had.  One  disappointment  having  already  occurred 
should  we  neglect  the  present  opportunity  we  could  not  rely  upon 
another  meeting  with  any  degree  of  certainty  and  further  that  antici- 
pating the  renewal  of  active  hostiUties  with  Mexico  during  the  early 
part  of  the  ensuing  spring,  it  was  highly  necessary  to  Texas  to  secure 
peace  with  the  Indians  in  advance.  Upon  urging  these  with  other 
considerations  the  Secretary  of  War  agreed  to  take  up  the  subject 
forthwith  and  forward  the  instructions  as  early  as  possible  with 
directions  that  the  Commissioner  should  delay  no  time  in  repairing  to 
the  appointed  place.  I  do  not  think  it  possible  for  the  Commissioner 
to  reach  the  Waco  Village  before  the  25th  of  Feb  or  1st  of  March.  I 
have  said  to  Mr  Spencer  the  secretary  of  war  that  I  thought  it  possible 
that  the  Indians  might  be  detained  untill  that  time.  I  therefore  hope 
that  our  commissioners  will  be  informed  of  these  facts  that  they  may 
act  accordingly.  It  is  certainly  of  the  highest  import  that  the 
United  States  should  become  a  party  to  such  treaties  as  may  be  con- 
cluded with  the  Indians,  and  that  every  effort  should  be  used  to 
detain  them  untill  the  arrival  of  Mr  Annstrong  the  United  States 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  105 

Commissioner.     For  this  reason  I  have  hastened  to  lay  before  your 
department  these  facts  in  relation  to  it. 

I  am  a  little  surprised  and  much  regret  that  not  one  word  is  said 
in  your  communications  in  relation  to  the  movements  of  the  forces 
under  Genl  Sommerville,**  the  action  of  Congress,  the  measures  of  the 
Grovemment  or  anything  whatever  save  the  subject  of  the  contem- 
plated Indian  treaties.  With  the  greatest  deference  to  the  depart- 
ment I  do  think  that  I  should  have  some  information  from  the  Grov- 
emment upon  such  important  subjects.  Under  the  instructions  of 
your  department  I  have  been  charged  with  negotiations  of  several 
important  matters,  towards  their  accomplishment  I  hope  my  efforts 
have  not  been  wholy  unavaiUng  especially  those  which  relate  to 
our  relations  with  Mexico  and  which  are  directly  connected  with  the 
movements  of  our  forces  against  that  country.  Surely  to  a  proper 
discharge  of  my  duties  it  is  important  that  I  should  not  only  be 
informed  upon  these  matters  but  that  such  information  should  come 
from  a  source  upon  which  I  might  rely,  not  the  vague  rumor  of  a 
partisan  newspaper  for  this  is  the  only  opportunity  I  have  had  lately 
to  learn  anything  of  Texas. 

I  am  satisfied  that  it  is  only  necessary  to  call  your  attention  to  this 
subject.  The  known  intelligence  and  experience  of  the  Secretary  of 
State  while  acting  as  the  Texian  Minister  here  I  hope  will  be  found  as 
sure  guarantees  that  in  future  I  shall  at  least  receive  a  passing  notice 
from  his  department. 

I  have  not  time  to  communicate  other  matters  which  I  desire  as  I 
want  to  get  this  in  todays  mail  On  tomorrow  I  will  forward  another 
despatch  to  your  department  in  relation  to  the  interposition  of  this 
Grovemment.  I  will  however  take  occasion  to  remark  here  that  a 
movement  having  been  made  against  Mexico  it  will  alter  very  mate- 
rially the  measures  proper  to  be  taken  by  this  Government.  Every 
measure  should  now  be  used  to  sustain  the  efforts  of  Gren  SommerviUe 
by  reinforcement  or  other  means  within  the  power  of  the  Grovt — the 
news  last  night  from  Mexico  says  that  they  are  on  the  eve  of  a  certain 
revolution,  the  expedition  to  Campeachy  would  likely  fail — the 
rumor  at  Vera  Cruz  was  that  3000  Texians  were  on  their  march  for  the 
Rio  Grande  and  every  effort  was  making  to  give  a  good  account  of  them 

In  great  haste  I  have  the  honor  to  be  with  great  respect 
Your  Obt.  Sert. 

IsAAo  Van  Zandt. 

5.  S.    Please  remember  me  to  the  President  and  Genl  Terrell 

P.  S.    Mr.  Serruys  the  Belgian  Charge  d' [Affaires]  and  Baron 

Bodisco  the  Russian  M  Plent.y  requests  me  to  present  their  respect  to 

the  Sec  of  State. 

thine  V.  Z. 


a  Somervell. 


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106  amekican  historical  association. 

Eve  to  Jones.** 


P.  S.  Your  note  of  the  24th  of  December,  upon  the  subject  of  the 
money  advanced  by  General  Thompson,  to  the  Santa  Fe  prisoners 
has  been  received    I  am  much  gratified  at  the  prompt  manner  with 
[which]  the  President  brought  this  subject  before  Congress. 
Very  Respectfully  your  Obedient  Servant 

Joseph  Eve 

[Next  is  transcribed  a  copy  of  the  resolution  of  the  Choctaw  Coun- 
cil, October  7,  1842.]  * 


Van  Zandt  to  Webster.*' 


Crawford  to  Armstrong.^ 


Jones  to  Davenport  and  to  Loomis.* 


Eve  to  Webster.^ 


Spencer  to  Van  Zandt.  ^ 


Spencer  to  Webster.* 


Webster  to  Van  Zandt.' 


a  A.  L.  8.,  January  11, 1843.  For  the  letter  and  accompanying  transcript,  see  Calendar  of  Correspondence 
with  the  United  States  In  Part  I.    The  postscript,  which  has  not  hitherto  been  printed,  is  given  here. 

b  See  Armstrong  to  Crawford,  November  4, 1842,  in  Calendar  of  Correspondence  with  the  United  States  in 
Parti. 

c  January  12, 1843.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

d  January  12, 1843.    Bee  Van  Zandt  to  Jones,  January  20, 1843. 

«  January  13, 1843.    See  Van  Zandt  to  Jones,  January  20, 1843. 

/  January  15, 1843.    See  Calendar  of  Correspondence  with  the  United  States  In  Part  L 

9  January  17, 1843.    See  Van  Zandt  to  Jones,  January  20, 1843. 

ik  January  17, 1843.    See  Van  Zandt  to  Jones,  January  25, 1843. 

i  [January  20, 1843.]    Bee  Van  Zandt  to  Jones,  January  25, 1843. 


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'    correspondence  with  the  united  states.  107 

Stipulations  for  Treaty  with  Texas  Indians.** 


Van  Zandt  to  Jones.* 
Dispatch  No.  95 

Legation  op  Texas 

Washinffton  City 

Jany  20th.  184S 
Hon  Anson  Jones, 

Secretary  of  State  of  the 

Republic  of  Texas 
Sir 

In  a  former  dispatch  which  I  made  to  your  department  you  were 
informed  that  I  had  laid  before  the  Government  of  the  United  States 
the  information,  which  I  had  received  from  your  department,  relative 

to  a  youth  named Lyons,  who  had  been  captured  in  the  county 

of  Fayette,  and  now  supposed  to  be  among  the  Osage  Indians. ""  I  have 
now  the  honor  to  transmit  to  your  department  the  measures  taken 
by  this  Govemmetit  to  procure  the  restoration  of  the  youth  to  his 
friends  and  country  by  submitting  a  copy  of  the  note  reed,  from  the 
War  department  together  with  copies  of  instructions  sent  from  the 
proper  offices  of  that  department,  which  are  as  foUows — 


"War  Department  Jany  17ih.  184S 
Sir 

I  respectfully  transmit  herewith  copies  of  instructions  that  have 
been  given  from  this  department,  in  relation  to  the  reclaiming  from 
the  Osage  indians  the  Texian  white  boy  ref ered  to  in  your  communica- 
tion to  the  Secretary  of  State,  a  copy  of  which  was  transmitted  by 
him  to  this  Department. 

With  great  respect  Your  Obt.  Servt 

J.  C.  Spencer" 
Hon  Isaac  Van  Zandt 
Charge  d'affaires  of  the 

Republic  of  Texas,  Washinffton  [Cityy 


War  Department,  Office 
Indian  Affaires  Jany  12th,  184S 
Sir 

Information  having  been  communicated  to  the  State  Department 
by  the  Charg6  d'Affaires  of  Texas  that  his  Government  had  been 

•  See  Van  Zandt  to  Jones,  January  20, 1843. 
»L.  S. 

«  Cf.  Van  Zandt  to  Webster,  December  30, 1842,  In  Calendar  of  Correspondence  wltb  tbe  United  States, 
in  Part  I. 


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108  AMEfttCAN  HISTORICAL  ASSOCIATION. 

informed  by  a  gentleman  residing  among  the  Osage  indians  west  of 
the  State  of  Missouri  that  a  youth  some  twelve  years  of  age  who  had 

been  captured  by  indians  in  the  county  of  Fayette  Texas  named 

Lyons  is  now  among  the  Osage  indians  and  within  the  Umits  of  the 
United  States,  I  am  requested  by  the  Secretary  of  War  to  instruct 
you  to  inquire  for  the  captive  lad  above  mentioned  and  to  obtain  his 
release,  and  when  released  to  place  him  in  charge  of  the  commandant 
of  Fort  Gibson  or  Fort  Towson,  to  be  kept  until  caUed  for  by  an 
agent  of  the  Texian  Government. 

You  will  therefore  please  to  give  the  necessary  instructions  to  the 
subagent  of  the  Osages,  with  as  little  delay  as  practicable  and  urge 
his  immediate  and  dilligent  attention  to  the  release  of  young  Lyons 
and  to  the  further  instructions  contained  herein. 
Very  respectfully  etc 

T.  Hartley  Crawford 
Maj  Wm.  Armstrong,  acting 

Superintendent  etCj  Choctaw  Agency 
West  of  Arkansas. 


"Adjutant  Generals  Office 
Washington  [City]  J  any  ISth.  184S 
Sir — It  has  been  represented  to  the  "Secretary  of  State  by  the 
Charg6  d'  Affaires  of  the  Republic  of  Texas  that  a  youth  some  twelve 
years  of  age  who  was  captured  by  the  hostile  indians  in  Fayette 

county  Texas  named Lyons  is  now  within  the  limits  of  the 

United  States,  among  the  Osage  indians. 

Instructions  have  been  given  by  the  Commissioner  of  Indian 
aflFairs  to  the  proper  agent  to  obtain  the  release  of  the  boy  and  to 
deUver  him  to  the  commanding  officer  of  Fort  Gibson  or  Fort  Towson. 
If  the  captive  be  brought  to  your  post,  you  will  take  charge  of  him 
until  called  for  by  an  agent  of  the  Texian  Government  and  report 
the  fact  to  this  office. 

I  am  sir  very  respectfully  Yr  Obt  Servt 

R.  Jones 
Adjutant  Genl.'^ 
Col.  W  Davenport  6th,  infy  comg 
Fort  Gibson. 

Lieut  Col.  G  Loomis  6th.  infy  comg 
FoH  Towson'' 


In  order  to  carry  out  the  measures  adopted  by  the  Government 
of  the  United  States  for  the  restoration  of  the  youth,  it  will  be  proper 
to  appoint  some  person  at  as  early  a  day  as  possible,  to  act  as  the 
agent  of  the  Government  of  Texas  at  Fort  Gibson  or  Fort  Towson 


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CORRESPONDENCE   WITH  THE  UNITED  STATES.  109 

»In  a  conversation  which  I  had  with  the  Secretary  of  War,  upon 
this  subject,  he  informed  me  that  during  the  last  summer  he  had 
communicated  to  Major  Reily  information,  which  had  been  reed, 
by  the  War  Department,  of  the  release  of  two  boys  who  had  been 
purchased  from  the  Commanches  in  the  west  of  Arkansas,  at  the 
instance  of  the  indian  agents  in  that  quarter,  and  who  had  been 
captured  by  the  indians  in  Texas.  The  Secretary  also  informed  me 
that  a  description  of  the  youths  had  been  furnished  to  Maj  Reily, 
that  the  same  might  be  communicated  to  the  Texian  Government. 
He  further  informed  me  that  these  youths  were  under  the  charge 
of  the  United  States  authorities,  and  that  he  was  very  anxious  that 
measures  should  be  taken  by  my  Government  to  receive  them.  He 
also  informed  me  that  two  hundred  dollars  had  been  paid  for  each  of 
these  boys,  and  that  it  would  be  expected,  that  the  Government  of 
Texas  would  refund  that  amount,  besides  the  ordinary  expenses  of 
transmission  and  maintenance.  If  this  matter  has  not  yet  received 
the  attention  of  your  Department,  I  hope  that  it  will  meet  your  early 
consideration  and  action. 

In  my  communication  to  the  Department  of  State  of  the  United 
States  I  informed  that  Department  that  I  was  authorized  to  draw 
upon  the  Government  of  Texas  for  the  ordinary  fees  (only)  of  sub- 
sistence and  transmission  of  the  captive  boy Lyons.  In  a  con- 
versation with  Mr.  Spencer  Secretary  of  War  upon  this  subject  he 
informed  me  that  they  had  invariably  paid  to  the  Indians,  various 
amounts  as  purchase  money  which  it  was  expected  the  Government 
of  Texas  would  refund,  and  desired  to  know  of  me  if  I  was  authorized 
to  draw  for  such  sums  so  paid:  I  replied  that  I  was  not;  that  I  con- 
ceived such  a  policy  was  calculated  to  stimulate  the  indians  to  make 
captives,  instead  of  repressing  their  aggressions,  but  that  this  matter 
should  be  laid  before  my  Government,  and  that  I  entertained  the 
opinion  that  so  far  as  money  had  been  expended,  by  the  United 
States,  in  good  faith,  the  same  would  be  refunded:  while,  I  was 
satisfied  that  Texas  would  deprecate  the  establishment  of  such  a 
policy.  I  desire  the  instructions  of  your  DepartmQjttt  upon  this 
subject,  and  hope  to  receive  them  at  as  early  a  day  as  possible. 

In  my  last  dispatch  you  were  informed  that  the  United  States 
Government  would  forward  instructions  to  a  proper  commissioner, 
who  should  repair  immediately  to  the  Waco  Village  to  join  at  the 
earliest  day  possible  the  proposed  Indian  Council,  which  is  to 
meet  at  that  place.  I  have  now  the  pleasure  of  informing  you 
that  the  instructions  have  been  dispatched  to  Pierce  M  Butler  Esq 
their  Indian  agent  in  the  West  of  Arkansas,  who  is  duly 
authorized  to  represent  the  Government  of  the  United  States, 
in  that  council.  His  instructions  are  not  such  as  I  conceived  the 
most  desirable  for  the  interest  of  Texas,  but  yet,  I  hope  if  carried 


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110  AMERICAN  HISTORICAL  ASSOCIATION. 

into  eflFect  will  prove  beneficial  to  Texas.  I  desired  that  the  Com- 
missioner might  be  authorized  to  conclude  a  treaty  in  the  nature 
of  an  alliance,  or  upon  such  terms,  as  that  the  United  States  might 
become  a  guarantee  for  the  fulfillment  and  observance  of  the  stipu- 
lations concluded  between  the  Indians  and  Texas.  These  several 
matters  were  submitted  and  discussed  in  the  Cabinet  meeting  and 
dissented  from  by  the  Government.  The  objections  urged  were, 
that  it  was  contrary  to  the  policy  of  the  United  States  to  form 
alliances  of  such  character  with  any  power,  and  that  such  a  provission 
would  hazard  the  ratification  of  the  treaty  by  the  Senate  of  the 
United  States.  I  herewith  transmit  you  a  copy  of  stipulations 
which  are  to  govern  the  United  States  Commissioner — they  are 
based  upon  the  supposition  that  a  treaty  is  first  concluded  between 
Texas  and  the  Indian  tribes,  to  which  the  United  States  is  a  witness, 
and  at  the  conclusion  of  this  treaty  the  United  States,  Texas  and  the 
Indians  agree  to  these  stipulations,  the  first  of  which  is  not  reciprocal 
in  its  character,  and  which  I  informed  the  Secretary  of  War,  I  thought 
would  not  be  agreed  to  by  Texas,  but  he  desired  that  the  same  might 
be  submitted  to  my  Government,  for  its  consideration,  while  Mr 
Butler  would  be  directed  not  to  insist  upon  its  adoption,  unless 
desired  by  the  Govt  of  Texas.  Should  it  be  objected  to,  he  is  author- 
ized to  agree  to  the  subsequent  stipulations,  and  omit  the  first.  The 
preamble  and  stipulations  are  as  follows, 

'*  Whereas,  there  are  sundry  tribes  of  Indians  inhabiting  the 
country  in  and  about  Red  river,  which  constitutes  the  boundary 
line  between  the  United  States  of  America  and  the  Republic  of 
Texas,  who  are  migratory  and  are  sometimes  found  within  the 
territories  of  one  Government,  and  at  other  times  in  the  territory 
of  the  other  making  each  in  time  an  asylum  and  shelter  from  pur- 
suit, and  whereas  with  a  view  to  establish  peace  with  the  said  Indians 
and  to  secure  the  inhabitants  of  Texas  from  the  incursions  and  depre- 
dations to  which  they  are  exposed,  the  Government  of  that  country 
has  invited  a  number  of  the  said  tribes  to  meet  in  council  commis- 
sioners on  the  part  of  Texas,  and  has  also  requested  the  Government 
of  the  United  States  to  be  represented  at  such  council,  and  whereas 
in  pursuance  of  such  invitation  Delegates  and  Chiefs  from  the  follow- 
ing tribes  have  assembled  at  the  village  of  Waco  on  the  Brazos  river, 
namely,  Commanches  etc  etc,  and  certain  articles  of  a  treaty  of 
peace  and  friendship  between  the  people  of  Texas  and  the  said  tribes 
have  been  agreed  to  and  concluded. 

The  United  States  of  America  being  desirous  to  promote  peace  on 
their  own  borders,  and  to  render  all  the  aid  which  common  interest 
may  require  to  prevent  depredations  upon  the  persons  and  property 
of  their  own  citizens  as  well  as  the  inhabitants  of  Texas^  have  been 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  Ill 

represented  at  the  conclusion  of  said  treaty  by  their  commissioner 
for  that  purpose,  Peirce  M.  Butler  Esq,  their  Indian  Agent  for  the 
Cherokees,  who  in  their  behalf  has  witnessed  the  execution  of  the 
said  treaty.  Now  it  is  hereby  stipulated  and  agreed  by  and  between 
the  said  United  States  of  the  first  part,  the  Republic  of  Texas  of  the 
second  part  and  the  Chiefs  Braves  and  Warriors  of  the  said  tribes 
of  indians  of  the  third  part  as  follows. 

First. 

That  the  Indians  of  the  several  tribes  represented  by  tlie  Chiefs, 
Braves,  and  Warriors  who  signed  this  treaty  will  not  commit  any 
depredations  on  the  property  or  any  injuries  to  the  persons  of  any 
whites,  Indians,  or  others  living  within  the  jurisdiction  of  the  United 
States  and  entitled  to  their  protection,  and  that  if  any  property  is 
wrongfully  taken  from  the  territory  of  the  United  States,  or  any 
persons  entitled  to  their  protection  are  captured  by  the  said  indians, 
or  any  of  them,  they  will  on  demand  restore  such  captives  and  such 
property  or  will  pay  the  full  value  of  such  property,  and  that  upon 
neglect  or  refusal  to  comply  with  this  agreement  the  United  States 
by  their  officers  agents  and  soldiers  may  pursue  such  property  and 
captives  and  retake  them  by  force  of  arms,  although  they  may  happen 
to  be  within  the  territorial  limits  of  the  RepubUc  of  Texas. 

Second. 

In  case  any  of  the  said  Indians  shall  bring  into  the  territory  of  the 
United  States  any  property  or  persons  wrongfully  taken,  within  the 
limits  of  Texas,  the  United  States  engage  to  render  all  the  aid  in 
their  power  for  the  return  of  such  property  and  captives,  and  for  the 
seizure  of  the  offenders  who  may  have  brought  them  within  the  terri- 
tory of  the  United  States,  and  they  will  deliver  up  to  the  authorized 
agents  of  Texas  such  property  and  captives  and  the  offenders  so 
seized,  if  such  offenders  usually  inhabit  within  the  limits  of  Texas, 
and  if  they  usually  inhabit  within  the  limits  of  the  United  States, 
then,  the  United  States  will  cause  them  to  be  proceeded  against  and 
punished  in  the  maimer  provided  by  their  laws;  the  Government 
of  Texas  furnishing  proof  of  the  facte  that  may  have  taken  place 
within  ite  jurisdiction. 

Third.  In  like  maimer  the  Government  of  Texas  engages  to  render 
all  the  aid  in  ite  power  for  the  recovery  and  return  of  any  property 
or  persons  that  may  have  been  wrongfully  taken  by  the  said  Indians, 
or  any  of  them  from  the  territories  of  the  United  States,  and  carried 
into  the  dominions  of  Texas,  and  will  cause  the  persons  and  property 
so  captured  to  be  delivered  to  the  authorized  agente  of  the  United 
States,  and  will  cause  the  offenders  to  be  seized  and  delivered  up  to 
such  agente,  if  such  offenders  usually  reside  within  the  limite  of  the 
United  States,  but  if  they  usually  reside  within  the  boundaries  of 


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112  AMERICAN  HISTORICAL  ASSOCIATION. 

Texas,  then  the  Grovemment  of  Texas  will  cause  them  to  be  proceeded 
against  and  punished  in  the  manner  provided  by  their  laws;  the 
United  States  furnishing  proof  of  the  facts  that  may  have  occurred 
within  their  limits. 

(Conclusion  of  stlpalatlons) 

Should  the  proposed  treaty  be  concluded,  and  any  of  the  tribes 
that  become  parties  to  the  same  be  Indians  of  the  United  States, 
alone,  it  will  be  necessary  to  guard  against  that  portion  of  the  pre- 
amble, which  sets  forth  that  these  tribes  are  migratory  in  their  char- 
acter, and  by  which  the  United  States  might  obtain  an  acknowledg- 
ment upon  the  part  of  Texas,  that  these  Indians  were  not  of  the  char- 
acter which  the  United  States  were  already  bound  to  restrain.  And 
here  permit  me  to  call  your  attention  to  a  fact,  which  has  presented 
itself  to  my  mind,  which  seems  to  be  unknown  to  the  Secretary  of 
State,  or  if  known  seems  to  be  wholly  disregarded  by  his  department. 
It  is  important  that  I  should  know  the  views  of  my  Government  in 
relation  to  it.  I  allude  to  the  fact,  whether  the  treaty  between  Mexico 
and  the  United  States,  or  any  part  of  the  same,  is  held  to  be  binding 
upon  Texas,  or  upon  the  United  States  so  far  as  the  same  may  have 
related  to  Texas.  By  the  34th  article  of  that  treaty  I  mean  the 
treaty  of  1831,  it  is  provided  after  eight  years  from  its  ratification  the 
same  may  be  terminated  by  either  party  giving  notice  to  the  other 
of  its  intention  so  to  do,  after  twelve  months  from  the  date  of  said 
notice.  From  the  instructions  of  Mr.  Mayfield  late  Secretary  of 
State  of  Texas  to  Mr.  Bee,  with  the  communication  from. Mr.  Amory 
Secretary  of  Legation,  who  wrote  in  the  absence  of  Mr.  Bee,  to  Mr. 
Webster  Secretary  of  State  of  the  United  States,  which  communica- 
tion is  dated  the  19th.  of  May  A  D  1841, 1  learn  the  facts  which  have 
induced  me  to  believe  that,  that  treaty  has  ceased  to  exist  except  the 
provision  of  amity.  I  submit  the  following  extracts  which  have 
induced  this  conclusion. 

[Here  follows  an  extract  from  Mayfield  to  Bee,  April  20,  1841,** 
beginning  with  the  words,  "I  am  directed  " ,  and  ending  with  the  words 
"to  the  34th.  article  of  the  treaty";  and  one  from  Amory  to  Web- 
ster, May  19,  1841,*  beginning  with  the  words,  "the  undersigned  is 
instructed",  and  ending  with  the  words,  "article  34  of  said  treaty".] 

I  hope  to  hear  from  your  department  the  views  of  Government  in 
relation  to  this  subject. 

I  have  at  length  succeeded,  three  days  ago,  in  obtaining  a  copy  of 
the  treaty  now  pending  before  the  Senate.  Some  of  its  main  pro- 
visions I  fear  are  in  jeopardy.  I  allude  to  the  4th.  and  5th.  articles. 
At  the  suggestion  of  Mr.  Archer  I  have  hastily  drawn  up  unofficially, 

a  See  Correspondence  with  the  United  States,  Additional  letters,  above, 
b  See  Correspondence  with  the  United  States,  Part  I. 


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COBBESPONDENCB  WITH  THE  UNITED  STATES.  113 

for  the  committee  on  Foreign  relations;  of  which  he  is  chairman, 
some  of  the  leading  arguments  which  I  conceived  most  likely  to 
present  the  treaty  in  a  fair  light  before  the  Senate  and  impress  that 
body  with  the  importance  of  its  .ratification.  The  communication 
is  somewhat  lengthy  which  prevents  my  sending  you  a  copy  I  endeav- 
ored to  impress  the  committee  with  the  opinion  that  if  these  leading 
features  were  rejected  the  fragments  would  not  be  worth  preserving. 
The  late  intemaJ  difficulties  in  Texas,  and  the  dissensions  among  our 
selves  I  regret  to  say  have  added  much  strength  to  the  opposition 
which  is  arrayed  against  this  treaty,  and  I  have  no  doubt  have  caused 
much  of  the  timidity  and  reluctance  manifested  by  the  United  States 
in  the  formation  of  an  alliance  or  triplicate  treaty  with  the  Indians 
for  our  mutual  protection  as  before  alluded  to,  while  it  has  induced 
the  public  mind  to  rely  with  less  confidence  in  the  Institutions  of  our 
country.  If  those  individuals,  who  scatter  the  seeds  of  discord, 
knew  their  baleful  effects  upon  our  interests  abroad,  I  feel  confident 
that  they  would  sacrifice  their  motives  of  personal  ambition  uponlhe 
altar  of  their  coromon  country,  and  unite  with  a  single  purpose  imder 
the  Single  Star  for  the  welfare  of  the  whole  nation.  The  old  United 
States  Bank,  and  some  of  its  agents,  who  are  in  possession  of  certain 
Texian  bonds,  which  were  purchased  by  them,  are  making  a  heavy 
effort  against  the  ratification  of  any  treaty.  I  have  collected  all  the 
important  facts  in  relation  to  these  matters,  and  placed  them  in 
possession  of  Senators,  who  are  willing  to  act  upon  such  matters  as 
concern  the  mutual  welfare  of  both  nations  in  a  proper  and  impreju- 
diced  light. 

In  my  last  dispatch  I  said  to  yom*  Department  that  in  the  course  of 
a  day  or  two  I  would  write  further  upon  the  subject  of  the  interposi- 
tion of  this  Government.  Since  the  date  of  that  communication,  I 
have  had  frequent  conversations  with  the  President  and  Secretary  of 
State  upon  this  subject,  which  were  principally  of  a  strictly  confidential 
character,  in  regard  to  which,  I  am  only  permitted  to  say  that  this 
Government,  influenced  by  the  most  laudable  desire  to  restore  peace 
between  Mexico  and  Texas,  will  not  fail  to  use  every  means  within 
its  power,  consistent  with  its  honor  and  high  standing  as  a  nation, 
to  bring  about  this  desirable  result.  And  here  permit  me  to  direct 
your  attention  to  the  importance  of  withholding  from  the  pubUc 
eye,  so  much  of  my  dispatch  No.  93  as  relates  to  this  subject. 

It  is  important,  as  I  conceive,  for  the  interest  of  Texas  that  she 
should  settle  down  upon  some  policy  to  which  she  will  strictly  adhere, 
as  far  as  circumstances  will  permit,  during  the  pendency  of  hostilities 
with  Mexico.  We  should  determine  to  act  exclusively  upon  the 
defensive,  or  determine  upon  the  more  vigorous  course  of  making 
war  upon  Mexico  by  all  the  means  which  we  could  bring  to  our  aid. 

39728**— VOL  2,  pt  1—11 8 


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114  AMEBICAN  HISTORICAL  ASSOCIATION. 

Had  the  Government  persevered  in  confining  its  operations  at  home, 
I  am  satisfied  that  the  measures,  taken  to  arrest  the  predatory  war- 
fare that  had  been  carried  on  upon  our  borders,  would  have  proved 
entirely  successful,  and  that,  in  future  we  should  have  had  nothing 
to  dread  but  a  formidable  invasion  of  such  a  character  as  would  have 
been  likely  to  test  by  a  trial  at  amis  the  comparative  strength  of  the 
two  nations.  Such  an  invasion,  however,  might  have  been  delayed 
by  the  revolutionary  movements  in  Mexico,  and  the  hostilities  now 
going  on  between  that  coimtry  and  Yucat&n,  while  such  delay,  with 
the  attendant  uncertainty  which  would  hang  over  our  affairs,  might 
have  continued  to  retard  our  advancement,  and  consequent  pros- 
perity that  must  exist  upon  the  restoration  of  peace  and  the  termina- 
tion of  our  difficulties.  The  Government,  however,  having  given  its 
sanction  to  the  partial  invasion  of  the  Mexican  territory,  with  a  view 
of  retaliating  for  the  many  injuries  which  Mexico  has  inflicted  upon 
us,  must  stand  justified  in  the  sight  of  every  impartial  mind,  though 
this  change  of  policy  will  materially  affect  the  measures  which  the 
United  States  would  have  conceived  herself  justifiable  in  taking 
while  our  operations  were  confined  at  home.  Having  commenced 
offensive  operations,  (though  necessary  to  our  defence,)  the  whole 
powers  of  the  Government  should  be  united  in  their  prosecution.  I 
think  the  war,  (and  my  opinion  meets  with  the  unanimous  concur- 
rence for  their  [sic]  is  scarcely  a  dissenting  voice  to  be  found  of  all 
the  intelligent  men  with  whom  I  have  conversed  since  it  was  posi- 
tively known  that  Genl.  Sommerville**  had  gone  to  the  Rio  Grande,) 
should  be  prosecuted  not  only  with  vigor  but  the  greatest  severity, 
and  that  Mexico  should  be  made  to  feel  the  effects  of  that  vengence 
which  has  long  been  restrained;  and  that  interest  and  safety  may 
prompt  her  to  the  acknowledgment  of  that  which  her  disregard  of 
right  and  justice  has  withheld. 

I  am  still  without  information  respecting  the  movements  of  the 
army,  and  await  with  great  anxiety  the  receipt  of  intelligence  con- 
cerning them. 

The  intelligence  which  has  recently  reached  here,  of  the  movements 
of  Commodore  Jones  of  the  American  squadron  on  the  coast  of  Cali- 
fornia, in  taking  possession  of  Monterey  a  Mexican  town  near  that 
coast,  has  created  some  sensation  and  various  surmises  are  afloat  of  its 
probable  effects  upon  the  relations  of  the  two  countries.  In  a  con- 
versation which  I  had  two  days  since,  with  a  diplomatic  functionary, 
who  is  on  terms  of  great  intimacy  with  Grenl.  Almonte  Mexican 
Minister,  the  opinion  was  expressed  by  that  gentleman  in  the  con- 
versation alluded  to,  that  the  Mexican  Government  would  likely 
withhold  a  portion  of  the  indemnities,  which  she  has  lately  agreed  to 
pay  to  the  United  States  in  order  to  indemnify  herself  for  the  dam- 

aSomerrell, 


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COBBESPONDENCE  WITH  THE  UNITED  STATES.  115 

ages  sustained  by  the  taking  possession  of  California  by  Commodore 
Jones.     Something  may  grow  out  of  ihis.^ 

The  last  accounts  from  Mexico  State  that  the  Congress  had  dis- 
persed and  that  the  revolution  had  thus  far  progressed  without 
bloodshed,  and  that  Santa  Anna  had  every  prospect  of  success. 

Through  the  medium  of  a  gentleman  of  high  standing,  who  resided 
many  years  in  the  City  of  Mexico  and  who  is  on  the  most  intimate 
terms  with  Grenl.  Almonte,  I  have  been  endeavouring  to  learn  the 
views  and  policy  of  the  Mexican  Grovemment  towards  Texas,  and  the 
prospects,  if  any,  of  a  settlement  of  our  difficulties.  This  gentleman 
has  had  two  or  three  conversations  with  (5enl.  Almonte,  in  which  the 
latter  spoke  freely  of  our  relations.  As  this  gentleman  is  yet  prose- 
cuting this  matter,  and  as  nothing  definite  has  yet  been  learned,  I 
will  reserve  this  subject  for  a  future  communication 

Trusting  that  I  shall  soon  have  the  pleasure  of  hearing  from  your 
Department  I  have  the  honor  to  be  with  the  highest  sentiments 
of  regard 

Your  Obedient  Servant 

Isaac  Van  Zandt 

Jones  to  Van  Zandt.  ** 

[Relative  to  the  way  in  which  the  war  with  Texas  is  carried  on 
by  Mexico.] 

Van  Zandt  to  Webster.*' 


Waples  to  Eve.^ 


Van  Zandt  to  Jones.* 
Despatch  No.  96 

Legation  op  Texas 
Washington  City  J  any  25th,  1843 
To 

Honorable 

Anson  Jones 

Secretary  of  State 
Sib 

I  have  the  honor  to  acknowledge  the  receipt  two  days  since  of  your 
despatches  of  the  25th.  26th.  28th.  and  30th.  ultimo.  The  several 
matters  embraced  in  all  which  have  received  my  prompt  attention. 

a  See  House  Exee.  Doe».,  27th  Cong.,  3d  Sess.,  V  (Serial  No.  422),  166;  Webster,  Works,  VI,  pp.  46(M62. 
l>  January  23, 1843.    This  letter  i3  not  in  the  archives;  but  the  same  letter,  mutatis  mutandis,  was  sent  to 
Aahbel  Smith,  for  which  see  Correspondence  with  Great  Britain, 
c  January  24, 1843.    See  Van  Zandt  to  Jones,  January  25, 1843. 
d  January  25, 1S43.    See  Calendar  of  Corresi>ondence  with  the  United  States  in  Part  I. 
«L.S. 


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116  AMERICAN  HISTORICAL  ASSOCIATION. 

Your  instructions  in  a  former  despatch,  and  repeated  again  in  your 
dispatch  of  the  25th.  ultimo,  with  regard  to  the  appointment  of  a 
commissioner  to  represent  the  United  States  at  the  proposed  Indian 
Council,  which  is  to  meet  at  the  Waco  Village  on  the  Brazos  river, 
has  sometime  since  received  my  attention  and  you  were  informed  in 
my  dispatch  No.  95  of  the  success  of  my  efforts. 

So  soon  as  your  last  despatches  were  received,  I  immediately  called 
upon  the  President  and  Secretary  of  State  of  the  United  States,  and  laid 
before  them  the  intelligence,  in  relation  to  the  course  intended  to  be 
pursued  by  the  British  and  French  Governments,  upon  the  subject 
of  mediation,  and  expressed  to  them  the  desires  of  my  Government, 
that  the  United  States  should  give  the  necessary  instructions  to  her 
minister  in  Mexico,  that  a  concert  of  action  might  be  had  on  the  part 
of  these  three  great  powers.  The  President  and  Secretary  of  State 
both  expressed  the  greatest  desire  to  do  aU  in  their  power  to  further 
the  proposed  object,  repeating  at  the  same  time,  the  facts,  which  they 
had  before  coromunicated  to  me,  that  their  minister  in  Mexico  had 
been  instructed,  sometime  since,  to  offer  to  that  Government  the  medi- 
ation of  his  Government  in  the  settlement  of  the  difficulties  between 
Texas  and  Mexico.  Mr.  Webster  also  assured  me,  that  the  additional 
information  which  I  had  communicated  to  him  should  be  immedi- 
ately transmitted  to  Mr.  Thompson,  their  minister,  renewing  at  the 
same  time,  and  urging  his  attention  to  the  former  instructions  which 
had  been  given  him  upon  this  subject.  I  then  told  Mr.  Webster  that 
I  would  inunediately  address  him  a  formal  communication  upon  this 
subject,  which  promise  I  have  complied  with  this  morning,**  a  copy 
of  which  you  will  find  hereto  annexed.  You  will  discover  in  this 
communication  to  Mr.  Webster,  that  I  did  not  confine  myself  exclu- 
sively to  the  points  embraced  in  your  instructions,  but  have  alluded 
briefly  to  the  compaign  across  the  Rio  Grande  under  the  command  of 
Genl.  Sommerville.  I  did  this  upon  consultation  with  Mr.  Webster, 
who  promised  to  send  a  copy  of  my  communication  to  Mr.  Thompson, 
that  he  might  show  the  same  to  the  Mexican  Government,  should  he 
deem  it  necessary,  and  from  which  he  might  show  that  we  were  driven 
to  such  course  from  motives  of  self  defence,  and  a  desire  of  peace,  and 
not  the  acquisition  of  territory,  or  a  desire  to  inflict  unnecessary  evils 
upon  the  Mexican  people. 

From  facts  which  [have]  come  to  my  knowledge,  I  deemed  it  proper 
and  necessary  to  make  known  both  to  the  President  and  Secretary 
of  State  here  the  fact  that  General  Hamilton  was  neither  directly  or 
indirectly  recognized  by  the  Government  of  Texas,  as  its  agent  to 
transact  or  negotiate,  either  treaties,  or  business  of  any  character, 
which  concerned  my  Government,  nor  would  the  services  of  that 
gentleman  be  employed,  by  the  Executive  in  any  such  capacity. 

a  The  date  of  the  letter  to  Webster  as  printed  was  January  24;  "  this  momhig"  was  apparently  the  2Stb. 


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CORRESPONDENCE   WITH   THE  UNITED  STATES.  117 

These  facts  I  informed  the  President  and  Secretary  of  State  were 
founded  upon  the  instructions  from  your  department." 

I  have  lately  received  a  communication  from  the  War  department 
through  the  Secretary  of  State  of  the  United  States  informing  me 
of  the  measures  taken  by  that  Government  to  interdict  the  trade 
between  the  whites  and  half  breeds  of  the  United  States  and  the 
Indians  of  Texas,  a  copy  of  which  communication  you  will  find  here- 
with enclosed.  You  will  perceive  in  this  communication,  that  the 
Secretary  alludes  to  complaints  which  have  been  made  by  the  Choc- 
taw Indians  against  the  Citizens  of  Texas  residing  upon  the  border: 
I  am  gratified  to  receive  Mr.  Benton's  letter  upon  this  subject,  as 
it  will  afford  me  an  opportunity,  of  showing  to  the  Secretary  of 
War  that  there  are  two  sides  to  this  case,  and  that  our  citizens,  if 
to  blame  at  all,  are  not  alone  in  the  wrong.  A  copy  of  Mr  Bentons 
letter  will  be  enclosed  to  the  Department  as  soon  as  I  have  time  to 
write  the  necessary  communication.^ 

Since  my  last  dispatch,  I  have  continued  to  urge  the  adoption  of 
the  treaty  lately  concluded  here,  and  though  I  have  had  to  combat, 
not  only,  the  prejudices  arising  from  our  disorganized  condition  at 
home,  but  also  the  great  opposition  which  arose  here,  from  various 
sources,  and  to  which  T  alluded  in  my  former  dispatches,  I  have 
now  the  pleasure  to  inform  you,  that,  I  think  there  is  every  prospect 
of  a  speedy  and  favorable  action  upon  it  by  the  Senate.  I  have 
Just  had  a  conversation  with  Mr.  Archer,  Chairman  of  the  Committee 
on  Foreign  Relations,  who  expressed  to  me  his  entire  satisfaction, 
and  promised  to  make  a  report  on  tomorrow  morning.  The  amend- 
ment which  the  President  desired  to  be  made,  I  think  I  shall  be 
enabled  to  have  effected,  though  upon  this,  I  could  obtain  no  satis- 
factory answer,  as  the  Sena<J)rs  with  whom  I  have  conversed  gave 
no  definite  opinion  in  relation  to  it. 

I  learn  from  Mr.  Archer  that  a  communication  has  been  made  to 
the  Committee  on  Foreign  Relations  of  the  Senate  by  the  holders  of 
Texas  liabilities.  The  purport  of  this  communication  I  was  unable 
to  learn.  Mr.  Archer  informed  me  however,  that  the  communication 
had  been  returned. 

The  gratifying  intelligence  has  reached  here,  both  ifrom  Galveston 
and  Matamoras,  that  Genl.  Somerville  is  operating  with  some  effect 
upon  the  Rio  Grande.  I  regretted  to  learn  that  some  of  his  troops 
had  refused  to  submit  to  his  orders,  and  had  returned  from  Laredo. 
The  promptness  and  determination,  which  characteria^ed  the  action, 
of  Genl.  Sommerville  upon  the  occasion,  has  had  a  salutary  influence 
here  upon  the  public  mind.     I  repeat  again  the  opinion,  which  I 

a  Cf.  Jones  to  Van  Zandt,  December  25, 1842,  In  Part  I. 

b  Cf.  Jones  to  Van  Zandt,  December  30, 1842;  Van  Zandt  to  Webster,  February  3, 1843  in  Calendar  of 
Correspondence  with  the  United  States  in  Part  I. 


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118  AMEBIC  AN  HISTORICAL  ASSOCIATION. 

expressed  in  my  last  despatch,  (and  this  view  is  fully  concurred  in 
by  the  friends  of  Texas  who  occupy  exalted  stations  in  this  country 
but  whose  names  I  am  not  permitted  to  give)  that  every  effort  should 
be  made  by  the  Government,  to  sustain  this  movement  of  our  troops: 
the  greater  the  effect  that  is  produced,  and  the  more  formidable  the 
demonstration  that  is  made,  the  stronger  will  be  the  arguments, 
which  may  be  used  by  the  powers  mutually  friendly,  why  peace 
should  be  restored  between  the  two  countries. 

Mr.  Webster  informed  me  in  a  conversation  had  with  him,  two  days 
since,  in  relation  to  the  interposition  which  had  been  formally  invoked, 
by  my  Government,  that  so  soon,  as  the  result  of  the  expedition  to. 
Yucatan  was  made  known,  it  was  the  determination  of  his  Govern- 
ment, to  make  a  representation  to  the  Mexican  Government  upon 
this  subject,  in  which  his  Gt)vemment  should  be  inclined  to  remon- 
strate in  strong  language,  and  that  a  copy  of  such  communication, 
when  made,  should  be  immediately  forwarded  to  the  French  and 
British  Governments. 

I  have  the  honor  to  be  with  high  respect 
Your  Obedient  Servant 

Isaac  Van  Zandt 

P.  S.  Please  remember  me  to  the  President  and  his  good  Lady. 

[Inclosed  are  copies  of  the  following:**  Van  Zandt  to  Webster, 
January  24,  1843;  Webster  to  Van  Zandt,  January  20,  1843;  Spencer 
to  Webster,  January  17,  1843.] 


Eve  to  JojfEs.* 

Legation  of  the  United  States 

Galveston  January  26th,  1843 
The  Honble. 

Anson  Jones 

Secretary  of  State  of  Texa^ 
Sir 

I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the 
12th.  Instant**  with  the  enclosed  Exequatur  for  Mr.  Smith  as  Consul 
of  the  United  States  for  the  Port  of  Matagorda. 

I  have  recently  received  a  letter  from  M.  E.  Hale  Esquire  managing 
owner  of  the  Brig  Retrieve  with  an  enclosed  Duplicate  account  of 
charges,  for  detention,  damages,  and  expenses  of  that  vessel,  incured 

a  See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

6A.L.S. 

cThis  note  has  not  been  found. 


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CORRESPONDENCE  WITH   THE  UNITED  STATES.  119 

in  consequence  of  its  seisure  by  order  of  the  President  of  Texas.    A 
copy  of  which  I  herewith  transmit  to  you 

By  an  examination  of  the  account  you  will  discover^  that  the  owners 
claim  (as  an  indemnification  for  the  loss  which  they  contend  that  they 
have  sustained)  the  sum  of  ($5,042.50/100)  five  thousand  forty  two 
dollars  and  fifty  cents 

In  all  my  correspondence  (both  orai  and  written)  with  this  govern- 
ment upon  the  subject  of  this  claim  I  have  been  influenced  by  a 
sincere  and  ardent  desire  that  it  should  be  adjusted  in  such  a  way, 
as  to  give  entire  satisfaction  to  all  the  parties  concerned 

In  pursuance  of  that  desire  and  not  having  then  been  informed  of 
the  extent  of  the  injury  which  the  owners  of  the  Retrieve  have  sus- 
tained, I  proposed  in  my  note  to  you  of  the  30th.  of  December  last 
to  take  eleven  hundred  dollars  in  discharge  of  all  claims  against  the 
Government  of  Texas  on  account  of  the  Retrieve  provided  the  appro- 
priation was  made  and  the  amount  paid  over,  but  should  this  proposi- 
tion not  be  accepted  and  the  amount  of  Damages  be  left  to  future 
investigation  the  proposition  was  not  to  be  considered  as  binding 
upon  Captain  Means. 

When  Captain  Means  left  Galveston  he  was  not  apprised  of  the 
extent  of  the  injury  which  his  vessel  had  sustained  while  in  the 
service  of  Texas;  he  was  by  agreement  to  have  sent  me  from  Mobile 
the  amount  of  injury  so  soon  as  the  repairs  were  made.  The  first 
intimation  which  I  have  received  as  to  the  extent  of  the  damages  is 
Mr.  Hales  letter. 

I  have  not  been  informed  whither  any  appropriation  has  been  made 
at  the  late  session  of  Congress  to  discharge  this  claim,  and  now  ask 
for  the  information  and  if  made  how  much,  and  when  I  may  expect 
that  it  will  be  paid 

With  sentiments  of  high  regard  and  Respect 
I  have  the  honor  to  be 

Your  obedient  servant 

Joseph  Eve 


(Copy.) 

Nbwbueypobt  December  27th  18/^2 
Honble.  Joseph  Eve 

Charge  W  Affaires  of  the  TJ,  S. 

Republic  of  Texa^ 
De  Sm 

Upon  receipt  of  the  documents  from  the  late  Capt.  Thomas  Means 
relative  to  the  seisure  of  the  Brig  Retrieve  by  the  authorities  of  Texas, 
while  at  Galveston,  I  lost  no  time  in  laying  the  matter  before  the 


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120  AMEBICAN  HISTORICAL  ASSOCIATION. 

Executive  at  Washington  and  have  been  informed  by  the  Secretary 
of  State,  that  that  Department  had  been  previously  made  acquainted 
with  the  subject  through  you,  and  that  a  correspondence  had  taken 
place  with  the  Texan  Government. 

The  claim  as  made  up  by  Capt.  Means,  and  forwarded  you  from 
Mobile,  amounting  to  three  thousand  nine  hundred  forty  two  60/100 
dollars,  does  not  embrace  all  the  charges  which  the  owners  of  the 
Retrieve  beUeve  the  Texan  Government  ought  justly  to  allow,  and 
in  their  account  accompanying  their  Memorial  to  the  Executive  they 
have  made  such  additional  charges  as  seems  to  them  correct,  and 
thinking  that  you  may  not  have  been  put  in  possession  of  these  addi- 
tional items,  beg  leave  to  lay  before  you  a  dupUcate  of  the  account 
forwarded  to  the  Department  of  State  at  Washington. 

In  proof  of  the  charge  for  additional  time  amounting  to  eight  hun- 
dred dollars,  I  beg  to  state  that  the  time  of  the  detention  of  the  vessel 
for  repairs  is  only  computed  from  the  23d  July  to  the  10th.  August, 
Whereas  it  should  have  been  32  days  more  up  to  the  11th.  of  Sep- 
tember, that  being  the  day  when  the  repairs  were  completed  as 
appears  by  Port  Wardens  survey  held  at  Mobile. 

The  charge  for  additional  time  is  proper  and  reasonable  because 
the  vessel  was  unemployed  during  said  period  and  the  delay  and  loss 
were  the  direct  consequences  of  the  seizure. 

The  owners  of  the  Retrieve  have  not  received  on  account  of  this 
loss  any  compensation  either  by  insurance  or  otherwise. 

I  would  further  state  that  although  the  accompanying  account  is 
made  up  from  the  documents  and  proofs  which  have  been  received, 
yet  the  amoimt  falls  far  short  of  the  whole  extent  of  their  loss. 

And  in  consequence  of  this  unlawful  and  unjustifiable  proceeding 
on  the  part  of  the  Texan  Government  not  only  have  the  owners  suf- 
fered severely  a  heavy  pecuniary  loss;  but  it  was  without  doubt  the 
cause  of  the  decease  of  Capt.  Means  at  Mobile. 

The  owners  therefore  rely  upon  the  Government  of  their  Country 
for  protection,  and  respectfully  request  that  such  measures  may  be 
taken  to  afford  them  relief,  and  compensate  them  for  their  loss,  as  to 
the  proper  authorities  of  the  Government  shall  seem  best. 

An  acknowledgment  of  the  receipt  of  this  is  respectfully  requested, 
and  any  information  as  to  the  progress  of  adjustment  of  this  matter 
will  be  gratefully  received. 

I  have  the  honor  to  be 

Dr.  Sir  your  Obt.  Svt. 

(signed)  M.  E.  Hale 

Managing  owner  of  Brig  Retrieve 


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CORRESPONDENCE  WITH   THE  UNITED  STATES.  121 

Duplicate.  Account  of  Chaiges,  for  detention,  damages  and 
expenses  of  Brig  Ketrieve  incured  by  seisure  pr.  order  of  Sam  Hous- 
ton President  of  Texas 

(Viz)  Account  of  Thomas  Means  Master  of  the  Brig 
Retrieve  of  Chaige  for  detention,  damages  and  ex- 
penses, from  the  18th.  of  June  1842  to  the  10th  of 
August  annexed  to  Duplicate.  $3,942.50  cents 

For  additional  damages  from  10th  of  August  to  11th 
of  September  the  vessel  being  detained  during  that 
period;  to  enable  Captain  Means  to  complete  the  re- 
pairs, being  32  days  at  $25  per  day  800.00 

For  ainoimt  of  stores  on  board  at  the  time  of  seisure 
and  were  consumed  by  the  Texans  200.00 

For  cash  paid  for  fees  to  magistrates  travelling  ex- 
penses, postage  and  incidental  expenses  incured  100.00 


amount  claimed  $5,042.50 


Jones  to  Eve.** 


Jones  to  Van  Zandt. 

Department  op  State 
WasUngton  [Texas,]  Jan  SUt.  I84S 
Hon.  Isaac  Van  Zandt 

Charge  d^  Affaires  of  Texas  etc.  etc. 
Sir, 

I  have  the  honor  to  acknowledge  the  receipt  of  your  despatches 
Nos.  92.  and  93  as  also  your  letter  of  the  27th.  Ulto.  transmitting  a 
duplicate  copy  of  Mr.  Riley's  *  Dispatch  No.  90  the  original  of  which 
was  lost  by  the  wrecking  of  the  Steamer  Merchant. 

The  Treaty  of  Amity  Navigation  and  Commerce  between  Texas 
and  the  United  States  negotiated  by  Mr.  Riley  has  reed,  the  sanction 
of  the  Senate  to  its  ratification  both  in  the  original  form  and  with 
the  proposed  modification  of  the  fifth  article,  (as  mentioned  in  my 
previous  communications,)  at  the  discretion  of  the  President. 

The  Ratification  of  the  Treaty  in  its  original  Shape  has  been  signed 
by  the  President,  and  forwarded  you  by  Mr.  Daingerfield,  who  left 
here  for  Europe  by  the  way  of  Washington  city  last  week  Should 
the  Government  of  the  United  States  ratify  the  Treaty  in  the  same 

a  A.  L.  8.,  January  31, 1843.    See  Caloidar  of  Correspondeoce  with  the  United  States  In  Part  I. 
^ReOy's. 


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122  AMEBICAN  HISTORICAL  ASSOCIATION. 

form  you  will  proceed  at  the  earliest  possible  period  to  the  exchange 
of  the  ratifications  with  that  Grovemment  This  step  has  been 
adopted  in  order  that  no  time  nught  be  lost  in  giving  effect  to  the 
Treaty  in  case  the  proposed  modification  should  not  be  adopted  by 
the  United  States. 

If  on  the  contrary  the  proposed  modification  is  adopted  by  that 
Government,  another  ratification  of  the  Treaty  embracing  the  same 
will  be  signed  and  sent  you  for  exchange,  and  the  one  forwarded  by 
Mr.  Dangerfield  will  be  cancelled. 
I  have  the  honor  to  be 

with  the  highest  respect 
Your  obt.  Svt 

(signed)  Anson  Jones 


Webster  to  Van  Zandt.** 


Van  Zandt  to  Webster.* 


Jones  to  Eve. 


Department  op  State 
Washington  [Texas]  Feb,  5th  184^  ^ 
Hon  J.  Eve, 

Charge  d  affair  of  U  Sts.  etc. 
Sir 

Your  communication  of  the  11th  Ult  in  relation  to  the  claim  of 
Capt  Means'*  would  have  received  an  earlier  reply  but  for  the  accu- 
mulation of  business  in  this  Dept.  consequent  upon  the  adjournment 
of  Congress,  which  has  necessarily  engaged  my  attention 

The  amount  of  eleven  himdred  Dollars  for  the  use  of  his  vessel  and 
the  damages  sustained,  the  President  directs  me  to  say  is  admitted  to 
be  just,  and  that  the  same  will  be  iinmediat[e]ly  paid  out  of  the  appro- 
priation for  frontier  defence. 

The  President  further  instructs  me  to  say  he  regrets  that  the  only 
means  at  his  disposal,  under  the  law  of  Congress  are  the  Exchequer 
Bills,  and  that  he  is  not  authorized  to  disburse  them  except  at  their 
par  value.  The  best  therefore  which  he  can  do  is  to  offer  Capt  Means 
the  alternative  of  receiving  the  amount  of  his  claim  in  Exchequer 

a  February  2, 1843.  See  Van  Zandt  to  Jones,  March  13, 1843. 
fr  February  3, 1843.  See  Van  Zandt  to  Jones,  March  13, 1843. 
c  Should  be  1843. 

d  The  date  of  the  f)OTiiTnnntnat,ton  was  in  tad  January  26,  and  that  of  December  30, 1843,  also  remained 
ananawtfod. 


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COBRESPONDENCE   WITH  THE  UNITED  STATES.  123 

BillS;  now,  or  having  the  matter  refered  to  Congress  for  its  future 
action,  the  power  of  doing  full  justice  to  Capt.  Means,  resting  only 
with  that  body. 
I  have  the  honor  to  be  with  great  regard 
Your  Obt  Svt 

Signed  Anson  Jones 


Jones  to  Van  Zandt. 

Department  of  State, 
WasTiington  [Texas,]  Feb,  10th,  I84S. 
To  the  Hon.  Isaao  Van  Zandt, 

Charge  d' Affaires  of  Texas  etc,  etc. 
Sm, 

The  subject  of  the  annexation  of  Texas  to  the  United  States,  in 
reference  to  which  instructions  was  given  by  me  to  your  predecessor 
Mr.  Reily  I  am  happy  to  learn  has  claimed  your  early  attention,  as 
notified  to  this  Department  in  your  Despatch  of  the  [23rd  of]  Decem- 
ber last,  and  I  now  have  the  honor  to  transmit  you  further  instruc- 
tions in  relation  to  the  same. 

The  proposition  which  was  made  to  the  United  States  in  1837  and 
rejected  by  that  Government  places  Texas  in  an  attitude  which  would 
render  it  improper  for  her  to  renew  the  proposition  under  existing 
circumstances  and  you  are  authorized  to  intimate  in  your  verbal 
intercourse  with  the  Secretary  of  State  of  the  United  States  that 
before  this  Government  could  take  any  action  on  this  subject,  it 
would  be  necessary  for  the  United  States  Government  to  take  some 
step  in  the  matter  of  so  decided  a  character  as  would  open  wide  the 
door  of  negotiation  to  Texas,  in  which  event  you  will  be  authorized 
to  make  a  treaty  of  annexation.  For  this  purpose  it  would  probably 
be  requisite  for  the  (Jovemment  of  the  United  States  to  review  its 
former  decision  upon  the  proposition  made  in  1837,  and  to  reverse 
the  same  or  to  take  up  the  subject,  de  novo,  and  to  submit  a  proposi- 
tion to  this  Government,  through  you  or  their  Minister  here  to  enter 
into  negotiations  to  effect  this  object. 

In  the  event  the  first  course  should  be  adopted  you  will  then 
inform  the  Government  of  the  United  States  that  Texas  renews  the 
proposition  for  annexation  to  that  Government,  and  that  you  will  at 
an  early  period  be  authorized  to  enter  into  the  proposed  negotiation 
with  ample  powers  to  conclude  a  treaty  in  the  premises. 

In  case  the  other  mode  of  procedure  is  adopted  you  Mdll  be  simi- 
larly authorized  and  empowered. 

It  is  beleived  that  the  present  period  is  favorable  for  the  consumma- 
tion of  such  a  Treaty,  on  the  part  of  this  country,  the  feeling  of  the 
people  being  very  unanimous  in  regard  to  the  same.    It  would  there- 


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124  AMERICAN  HISTORICAL  ASSOCIATION. 

fore  seem  adviseable  that  the  opportunity  should  be  embraced  and 
without  delay  to  effect  an  object  which  under  present  circumstances 
is  so  manifestly  intended  to  promote  the  best  interests  of  both 
countries. 

Your  dispatch  no.  95  was  received  last  evening.  No.  94  has  not 
come  to  hand,  but  is  presumed  to  be  in  the  mail  of  last  week  which  is 
yet  behind  having  been  delayed  by  the  high  water  of  the  Brazos. 

As  you  do  not  in  your  dispatch  mention,  or  allude  to  any  letters 
received  from  this  Department  I  state  for  your  information  that  I 
wrote  you  officially  under  dates  of  the  23d.  25th.  26th.  28th  and  30th 
Deer,  and  the  23d.  and  31st.  January  last,  as  also  a  private  letter 
about  the  24th  of  the  last  month. 

Your  request  to  have  a  copy  of  the  Laws  of  Texas  sent  you  has 
been  complied  with  and  the  copy  forwarded  by  the  Hon.  Mr.  Dainger- 
field.  Mr.  D.  was  to  have  left  Galveston  for  New  Orleans  on  the 
last  Steamer,  at  which  latter  place  he  will  be  delayed  some  two  or 
three  weeks,  after  which  he  will  proceed  to  Washington  City,  on  his 
way  to  Europe. 

So  soon  as  your  dispatch  No.  94  is  received  I  will  address  you 
again  in  reply  to  that  as  well  as  to  the  one  received  last  evening 

If  convenient  I  wish  you  to  procure  from  the  Post  Master  General 
Copies  of  such  blank  forms  etc  etc.  as  are  in  use  in  the  General  Post 
Office  of  the  United  States;  and  to  forward  the  same  to  this  Depart- 
ment, for  the  information  of  the  Bureau  of  the  G.  Post  Office  here 

Enclosed  I  send  you  the  official  report  made  to  the  War  Depart- 
ment by  Gen.  Somervell  ^  which  will  place  you  in  possession  of  all 
the  information  not  heretofore  communicated  relative  to  his  late 
unsuccessful  campaign. 

I  have  the  honor  to  be  with  the  highest  respect 
Your  very  obt  Svt 

(Signed)  Anson  Jones 


Daingerpield  to  Jones.  ^ 

New  Orleans,  Feby  14th  I84S 
Hon  Anson  Jones 

Secretary  of  State  etc,  etc, 
Sm 

Having  finished  the  business  in  reference  to  which  I  was  charged 
in  the  city  of  New  Orleans,  by  the  instructions  which  I  had  the  honour 

a  For  this  report,  see  The  Morning  Star  (Houston),  February  18, 1843.  The  Instructions  to  Somervell, 
which  seem  also  to  have  been  enclosed  (see  Van  Zandt  to  Jones,  March  13, 1843),  were  dated  October  3, 
1842.  For  these— if  they  were  instructions  from  Houston— see  Thf  Redlandrr  (San  Augustine),  October  27, 
1842.  It  may  be,  however,  that  the  instructions  referred  to  were  given  by  Secretary  of  War  and  Marine 
Hill.  If  so,  these  references  will,  of  course,  not  apply.  NeilPs  statement,  referred  to  by  Van  Zandt  In  his 
letter  of  March  13,  has  not  been  found. 

bjL,h,B. 


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COBBESPONDENCE  WITH   THE  UNITED  STATES.  125 

to  receive  from  you  at  Washington  [Texas,],  I  shall  proceed  imme- 
diately in  obedience  to  the  same  instructions  to  the  capital  of  the 
United  States  to  put  myself  in  communication  with  Mr  Van  Zandt 
and  to  deliver  him  the  treaty  entrusted  to  my  care."  I  have  the 
honour  to  remain  very  respectfully 
Yr  most  Obedt  Svt 

Wm  Henry  Dainoerfield 
Minister  Charge  D  Affaires  etc,  etc. 


Jones  to  Van  Zandt. 

Department  op  State 
Washington  [Texas]  Feb.  16th  1843 
Hon.  IsAAO  Van  Zandt 

Charge  d' Affaires  of  Texa^  etc.  etc. 
Sm, 

The  Commissioners  appointed  by  this  Government,  Viz.  Messrs. 
Terrill  *  Black  Durst  and  Williains  left  some  time  since  for  the  Waco 
Village  to  hold  the  Council  with  the  various  tribes  of  Indians,  assembled 
there  and  unless  the  high  waters  of  the  river  have  prevented,  it  is 
presumed  that  the  Council  is  by  this  time  nearly  ready  to  commence 
its  deUberations.  By  a  letter  reed,  from  Gen.  Terrill  at  Franklin  on 
the  Brazos  and  written,  a  few  days  since,  the  most  confident  expec- 
tations appear  to  be  entertained  by  that  Gentleman  that  a  Treaty 
will  be  made  and  peace  established  throughout  all  Texas  between  us 
and  the  red  man.  No  intelUgence  of  the  arrival  of  Gov.  Butler,  the 
U.  States  Commissioner  has  as  yet  been  received,  and  the  presumption 
is  that  he  will  come  direct  from  Arkansas  to  the  Waco  Villages.  A 
copy  of  that  part  of  your  dispatch  No.  95  relating  to  the  subject  of 
powers  given  to  Mr.  Butler  by  his  government  has  been  forwarded  to 
our  Commissioners,  with  a  notification  of  his  appointment,  and  instruc- 
tions for  their  govemanpe  in  the  premises 

For  yoimg Lyons  and  the  two  boys  which  have  been  redeemed 

from  Indian  captivity  by  the  oflScers  of  the  United  States  the  Presi- 
dent will  remimerate  the  government  of  the  United  States  upon 
delivery  of  these  captives  severally  provided  the  amoimt  required  for 
each  does  not  exceed  $300,  which  is  the  amoimt  authorized  by  Law 
to  be  paid.  Should  it  exceed  this  amoimt  the  Government  of  Texas 
will  feel  herself  boimd  to  pay  the  same,  although  this  would  require 
the  action  of  the  Congress.  The  friends  or  relatives  of  these  prisoners 
will  it  is  presimied  go  for  them,  which  will  preclude  the  necessity  of 
dispatching  a  Govt  agent  for  that  purpose.  Should  any  more  of  om* 
prisoners  be  redeemed,  previous  to  the  formation  of  a  treaty  with  our 

a  See  Jones  to  Daingerfleld,  January  20, 1843. 
*  Terrell. 


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126  AMERICAN  HISTORICAL  ASSOCUTION. 

Indians  the  same  course  will  be  adopted.  The  Indians  however  have 
promised  to  bring  all  our  prisoners  to  the  Council  ground  and  to 
exchange  them  for  their  own  which  last  have  as  far  as  practicable 
been  collected  and  sent  there  by  the  President. 

I  was  somewhat  surprised  at  that  part  of  your  communication 
No.  95,  where  you  express  the  opinion  that  this  Department  had 
acted  in  probable  ignorance  of  the  fact  that  the  Treaty  between 
Mexico  and  the  United  States  so  far  as  Texas  was  concerned  had  been 
ended  in  all  things  relating  to  Navigation  and  Conmierce,  by  a  notice 
given  to  the  United  States  in  accordance  with  the  34th  Art.  of  said 
Treaty,  and  I  am  at  great  loss  to  imderstand  to  what  particular  acts 
you  allude.  You  will  perceive  that  this  Department  has  been  aware 
of  this  fact,  by  the  instructions  severally  given  to  Mr.  Bee  and  Mr. 
Riley  to  negotiate  a  new  treaty  and  by  the  fact  of  Mr.  Riley's  having 
negotiated  the  Treaty  herein  above  referred  to — and  which  has  been 
matter  of  frequent  communications  from  this  Dpt.  to  yourself 

The  obhgations  to  observe  amicable  relations  between  the  two 
coimtries  is  perpetual,  and  also  the  obligations  which  each  owes  the 
other  to  restrain  reciprocally  their  citizens  or  indians  from  commit- 
ting injuries  or  hostile  depredations  upon  the  citizens  or  indians  of 
the  other.  This  is  an  obligation  which  exists  independant  of  any 
treaty,  and  grows  naturally  out  of  the  relative  situation  of  the  United 
States  and  Texas  towards  each  other  as  neighboring  and  friendly 
nations.  These  obhgations  have  been  on  several  occasions  mutually 
acknowledged  by  the  two  governments  since  the  expiration  of  the 
Treaty  Stipulations  between  the  two  coimtries  relating  to  Commerce 
and  Navigation.  I  however  conceive  that  the  Treaty  of  1831  so  far 
as  it  relates  to  these  matters  is  still  binding  upon  Texas^  and  the 
United  States  as  no  notice  has  been  given  by  either  party  of  an 
intention  to  discontinue  it  in  regard  to  them.  But  in  either  event 
the  obhgations  of  the  parties  are  not  materially  aflfected  and  the 
only  advantage  which  would  arise  from  holding  to  the  Treaty  in  the 
particulars  refered  to  would  be  that  it  gives  a  proper  and  particular 
definition  of  these  obhgations  and  the  precise  manner  in  which  they 
are  to  be  mutually  discharged 

I  regret  most  sincerely  the  opposition  which  the  treaty  negotiated 
by  Mr.  Riley  has  met  in  the  Senate  of  the  U.  States  and  the  causes 
which  have  produced  it.  The  infamous  course  pursued  by  some  two 
or  three  of  our  own  newspapers  in  vilifying  and  abusing  the  country, 
its  institutions  and  character,  and  misrepresenting  all  the  actions  of 
the  Government  I  have  no  doubt  have  had  much  influence  in  pro- 
ducing this  unfortunate  state  of  things.  I  feel  satisfied  however  that 
you  will  have  done  every  thing  in  your  power  to  counteract  as  far 


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COBKESPONDENCE  WITH  THE  UNITED  STATES,  127 

as  time  and  opportunity  rendered  possible  the  slanders  and  the  false- 
hoods uttered  and  circulated  through  these  vile  channels  or  by  any 
other  means.  The  licenciousness  of  a  portion  of  the  newspaper  press 
in  Texas  gives  cause  of  deepest  mortification  to  every  friend  of  decency 
and  social  order  in  it,  and  leads  them  frequently  to  doubt  whether  this 
licenciousness  is  not  a  greater  curse  to  the  country  than  the  hberty 
of  the  press  is  a  blessing.  Certain  it  is  that  incalculable  injury  has 
been  done  to  our  cause  by  the  course  which  some  two  or  three  con- 
ductors of  papers  here  have  pursued  at  this  moment  of  peculiar 
national  embarrassment. 

The  friends  of  Texas  however  must  not  for  a  moment  despair 
She  will  triumph  over  every  difficulty,  and  over  all  her  foes  internal 
and  external. 

The  present  policy  of  the  government  towards  Mexico  is  to  stand 
on  the  defensive  This  policy  has  been  strictly  pursued  as  far  as 
practicable,  and  will  be  continued  Texas  has  not  the  means  neces- 
sary to  carry  on  oflfensive  operations  against  her  enemy.  The  late 
Campaign  under  Gen.  Somervell  was  not  projected  or  recommended 
by  the  President.  It  was  merely  sanctioned  to  satisfy  popular  clamor, 
amd  as  the  volunteers  under  him  wished  to  cross  the  Rio  Grande  and 
were  determined  to  do  so  right  or  wrong  to  clothe  the  expedition 
with  legal  authority  that  in  case  it  was  unfortunate,  and  our  citizens 
should  fall  into  the  power  of  Mexico  they  could  not  be  regarded  or 
treated  by  the  authorities  of  that  (Jovemment  otherwise  than  lawful 
belligerents  acting  under  sanction  of  their  own  Government. 

I  have  just  received  a  communication  from  Viscount  Crameyel " 
Charg6  d' Affaires  of  his  Majesty  the  King  of  the  French  on  the  subject 
of  the  triple  interference  by  France  England  and  the  U  States,  in 
relation  to  the  existing  difficulties  between  Texas  and  Mexico  [a  copy 
of  which  is  enclosed]  for  your  information  and  corresponding  action  * 

In  case  Mr.  Thompson  the  United  States  Minister  has  not  been 
already  instructed  on  the  subject,  it  will  be  well  to  bring  it  to  the 
notice  of  Mr.  Webster  with  a  request  that  it  should  be  done,  as  early 
as  practicable  in  the  event  the  United  States  are  willing  to  join  the 
other  two  powers  in  concerted  action. 

I  send  the  copy  of  the  original  as  I  have  not  had  time  to  procure  a 
translation 

I  have  the  honor  to  be 

with  the  highest  respect 
Your  Ob  Svt 

(Signed)  Anson  Jones 

aCramayel. 

b  For  this  lett«i:«  see  Corresponcleaoe  with  France. 


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128  american  historical  association. 

Houston  to  Eve.** 

(Extract.)  Washington  [Texas],  17th.  February,  184S. 

To  Hon.  Joseph  Eve: 

My  dear  Judge — I  find,  as  news  reaches  me  both  from  the  United 
States  and  Texas,  that  the  subject  of  annexation  is  one  that  has 
claimed  much  attention  and  is  well  received.  I  find  that  even  the 
oldest  settlers — even  some  of  the  original  "Three  Hundred",*  are  as 
anxious  for  the  event  to  take  place  as  any  that  I  meet  with.  How 
the  project  is  tb  ultimate,  it  is  impossible  to  divine.  The  democracy 
of  the  United  States  is  in  favor  of  the  measure;  and  if  it  should 
become  a  political  lever,  both  of  the  political  parties  will  sieze  hold 
of  or  grasp  at  the  handle.  But  of  these  matters  you  can  judge  better 
than  it  is  possible  for  me  to  do.  You  have  more  sources  of  informa- 
tion than  I  can  have. 

Truly  thy  friend, 


Taylor  to  the  Adjutant  General  of  the  United  States  Army 

[Jones]  *' 


Eve  to  Waples.^ 

(UnoflBcial)  Legation  of  the  United  States 

Oalveston  February  27 tk  184S 
The  Hon.  Joseph  Waples 

Sir  Your  note  of  the  13th  January  *  was  not  received  untill  by 
the  last  boat  from  New  Orleans  or  it  would  have  been  answered 
sooner.  By  some  mistake  it  was  taken  to  Orleans,  and  one  from 
Genl.  Burleson  in  which  he  promises  to  remove  my  Archives  to  Wash- 
ington so  soon  as  he  returns  home,  were  both  sent  me  from  Orleans. 
My  Books  as  well  as  yours  are  at  Austin  I  however  send  you  a 
copy  of  my  instructions  hoping  it  may  reach  you  in  time  and  answer 
your  purposes. 

I  am  very  Respectfully  your 
Obedient  Servant 

Joseph  Eve 

a  See  Records  of  Department  of  State  (Texas),  Book  40,  p.  220. 

b  The  designation  applied  to  the  first  group  of  colonists  brought  to  Texas  by  Stephen  F.  Austin.  See 
QmHerlv  of  the  Texas  StaU  Hittorkal  Association,  1, 106-117. 

c  February  22, 1843.  See  Eye  to  Jones,  April  13, 1843  (first  in  order  of  this  date),  endoshig  the  letter 
named. 

dA.L.B. 

•  No  copy  of  this  note  has  been  foond.  It  must  have  contained  a  request  for  forms  for  letteiB  of  instnio- 
tion  and  of  credence. 


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COBRESPONDENCE  WITH  THE  UNITED  STATES.  129 

Department  op  State 
Washington  [City]  16ih.  June  I84I 
To  Joseph  Eve  Esquire 

Appointed  Charge  d' Affaires  of  the  United  States  To  Texas 
Sm 

You  have  received  your  commission  as  Charge  d' Affaires  of  the 
United  States  to  Texas  and  have  taken  the  oath  prescribed  by  the 
Constitution. 

Herewith  are  communicated  to  you  the  following  documents  which 
you  will  find  useful  or  necessary  in  transacting  the  business  of  your 
mission. 

1.  A  sealed  letter  accrediting  you  to  the  Secretary  of  State  of 
TexaS;  and  an  open  copy  of  the  same. 

2.  A  special  passport. 

3.  A  cipher  to  be  used  as  occasion  may  require  in  your  correspond- 
ence.* 

In  the  general  instructions  I  am  directed  on  my  arrival  at  the  seat 
of  Government  of  Texas,  to  address  a  note  to  the  Secretary  of  State, 
or  to  the  Secretary  of  foreign  affairs  if  there  be  such  an  officer  poUtely 
asking  when  it  will  be  convenient  for  the  Executive  to  receive  and 
give  me  an  audience.  Upon  my  reception  by  the  Executive,  to  hand 
him  my  sealed  letter  of  credence,  and  to  make  him  a  brief  oral 
address  and  amplify  in  the  name  of  the  President  of  the  United  States 
the  expressions  of  good  will  towards  that  RepubUc  contained  in  my 
letter  of  Credence.  ^ 

Various  other  instructions  are  given  such  as  a  constant  and  polite^ 
and  decorous  entercourse  with  the  Executive  and  officers  of  Govern- 
ment to  attend  to  the  rights  of  the  Gtizens  of  the  United  States 
etc.  etc. 

J  Eve 

P.  S.  In  your  letter  of  credence  to  your  Minister  you  state  to  the 
Executive  of  the  Government  to  which  he  is  accredited  the  object 
of  the  Mission  with  expressions  of  good  will  etc  and  requesting  that 
full  faith  and  credit  may  be  given  to  your  Minister. 

J  Eve 

Resolution  op  United  States  Senate  Ratifying  Treaty  of 
Amity,  Commerce  and  Navigation  between  the  United 
States  and  Texas.** 


Potter  to  Green.*' 


a  Here  the  copy  ends;  the  statement  of  instructions  is  summarized. 
h  March  3, 1843.    See  Daingerfleld  to  Jones,  March  10, 1843. 
«  March  10, 1843.    See  Eve  to  Jones,  AprU  28, 1843. 

39728**— VOL  2,  ft  1—11 8 

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130  american  histobical  association. 

Daingerfield  to  Jones.** 

Washington  City  U  States 

March  10th  I84S 
Hon  Anson  Jones 

Secretary  of  State 

Sm 

In  my  last  communication  of  date  the  14th  of  Feby  (N  Orleans)  I 
had  the  honour  to  inform  you  that  having  completed  the  buisness  with 
which  I  was  charged  at  N  Orleans  I  should  in  pursuance  of  my  instruc- 
tions proceed  immediately  to  Washington.  This  I  did  but  the  Steam 
Boat  Queen  of  the  West  in  which  I  embarked  having  snagged  and 
simk  near  Shawnee  Town  and  the  ice  running  very  heavily  in  the 
Ohio  I  was  notwithstanding  all  my  exertions  to  reach  here  and  my 
not  delaying  a  moment  on  the  route  so  retarded,  that  I  did  not  arrive 
at  Washington  imtill  the  day  before  yesterday.  Within  an  hour 
after  my  arrival  I  delivered  to  the  Hon  Mr  Van  Zandt,  the  Treaty 
with  which  I  was  entrusted,  fortunately  notwithstanding  its  many 
accidents  and  transhipments  in  perfect  good  order;  I  also  delivered 
to  him  the  full  copy  of  the  Laws,  with  which  I  was  directed  to  furnish 
him. 

The  Department  of  State  is  of  course  informed  that  the  treaty  has 
not  been  ratified;  this  failure  I  am  convinced,  not  only  by  what  I 
learn  here  but  by  information  obtained  before  my  arrival  is  the  result 
of  our  own  demagogical  madness  and  diabolical  insubordination  at 
home.  An  entire  want  of  confidence  in  the  stability  of  our  institu- 
tions, the  result  of  our  own.  folly  and  wickedness  forbids  the  possibihty 
at  present  of  this  treaty  being  ratified.  All  that  zeal  the  most  ardent, 
industry  the  most  untiring  and  address  the  most  adroit  could  do  in  its 
favour  has  I  am  convinced  been  done.  Its  fate  will  remain  imchanged 
imtill  that  change  be  brought  about  by  our  own  reformation. 
Although  I  do  not  feel  as  sensibly  as  some  others  the  evils  which 
this  failure  of  the  treaty  may  give  rise  to,  Yet  the  stain  which  the 
cause  of  its  rejection  leaves  on  the  escutcheon  of  my  coimtry  is  to  me 
like  a  wound  to  my  own  personal  honour.  In  its  blackness  all 
calculations  of  profit  or  loss  from  the  commercial  stipulations  of  the 
treaty  are  lost,  and  swallowed  up.  In  accordance  with  yr  instruc- 
tions I  shall  endeavour  to  convey  to  the  Hon  Mr  Van  Zandt  all  the 
information  with  regard  to  matters  at  home  in  my  possession.  I 
shall  await  here  the  arrival  of  the  fidl  powers  alluded  to  in  yr  private 
communication  of  the  13th  of  Feby  which  came  to  hand  last  night.  I 
have  not  as  yet  seen  the  Belgian  Minister  but  shall  do  so  in  a  few 
days.  I  have  the  honour  to  remain 
Yr  most  obedt  Svt 

Wm  Henry  Daingerfield  OhargS  dec  <Sbc 


aA.  L.S. 


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OOBBESPONDENCB  WITH  THE  UNITED  STATES.  131 

PJQclosed  is  a  copy  of  the  resolution  of  the  Senate  of  the  United 
States  consenting  to  the. ratification  of  treaty  of  amity,  commerce, 
and  navigation  between  the  United  States  and  Texas  with  an  amend- 
ment.*] 

Websteb  TO  Van  Zandt.* 


Eve  to  Jones/ 


Eve  to  Jones.^ 

Legation  of  the  United  States 

Oalveston  March  ISth  I84S 
The  Honble. 

Anson  Jones 

Secretary  of  State  of  Texas 
Sm 

I  have  the  honor  to  acknowledge  the  receipt  of  Mr.  Waples  note  of 
the  25th.  of  January,  upon  the  subject  of  a  second  white  boy  having 
been  reclaimed  from  the  Indians  by  General  Taylor.* 

Your  note  of  the  31st.  of  January  on  the  subject  of  the  interference 
by  citizens  of  Texas,  with  the  Chocktaw  Indians. 

And  also  your  note  of  the  5th  of  February  in  relation  to  the  claim 
of  Captain  Means  upon  this  Government  for  the  detention  and  dam- 
ages of  the  Brig  retrieve  of  which  he  was  Master;  In  which  last  note 
you  remark  that  the  President  instructs  you  to  say  he  regrets  that 
the  only  means  at  his  disposal,  under  the  law  of  Congress  are  the 
Exchequer  bills,  and  that  he  is  not  authorized  to  disburse  them, 
except  at  their  par  value.  The  best  therefore  which  he  can  do  is  to 
offer  Capt  Means  the  alternative  of  receiving  the  amount  of  his  claim 
in  exchequer  bills  now,  or  have  the  matter  refered  to  Congress  for 
its  future  action.  As  I  have  written  to  the  owners  of  the  Retrieve 
informing  them  of  your  proposition  to  pay  them  eleven  himdred 
dollars  in  Excequer  Bills,  I  deem  it  unnecessary  for  me  to  make  any 
conunent  upon  your  proposition  until  I  hear  from  them. 

I  have  been  informed  by  several  Members  of  Congress,  that  an 
appropriation  of  six  thousand  five  hundred  dollars  was  made  at  the 
late  session  for  the  benefit  of  General  Thompson  on  account  of  the 
money  advanced  by  him  to  the  San  Taf6/  prisoners;  But  I  have 

a  See  Journal  of  the  Executive  Proceedings  of  the  Senate,  VI,  188-189. 

b  March  11, 1843.    See  Van  Zandt  to  Jones,  March  13, 1843. 

c  March  13, 1843.    See  Calendar  of  Corre8i>ondence  with  the  United  States  in  Part  I. 

d  A.  L.  S. 

«  For  thl3  paragraph  and  the  next  see  U.  S.  Pub.  Docs.,  060,  Doc.  14,  p.  108. 

/Santa  F4. 


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132  AMERICAN  HISTORICAL  ASSOCIATION. 

not  been  informed  when  or  how  it  is  to  be  paid;  I  have  waited  with 
some  anxiety,  to  hear  from  you  when  and  how  this  just  and  meri- 
torious claim  is  to  be  paid. 

I  shall  feel  much  gratified  to  have  it  in  my  power,  to  Inform  General 
Thompson,  that  the  amount  appropriated  by  Congress  for  his  benefit 
is  ready  for  him.  It  is  of  much  consequence  to  him  to  receive  it  as 
soon  as  possible  in  order  to  relieve  himself  from  his  pecuniary  embar- 
rassment incured  by  indulging  the  kindest  feelings  to  the  citizens  of 
Texas.  I  therefore  again  call  your  attention  to  this  subject  and  ask 
for  as  early  a  reply  as  may  be  convenie[n]t  for  you  to  give  me. 

With  renewed  assurances  of  respect 
I  am  your  obt  servt 

Joseph  Eve 


Van  Zandt  to  Jones.** 

Despatch  No.  97. 

Legation  of  Texas, 
J\^M7igton  [City]  13th  March  I84S. 
Hon  Anson  Jones 

Secretary  of  State  of  the  Republic  of  Texas, 
Sir 

On  the  8th  Inst  I  had  the  high  gratification  to  receive  your  very 
able  and  interesting  despatches  of  the  23rd  and  31st  January  and  of 
the  10th  ulto.  enclosing  therewith  the  narative  of  A  Neil  Esqr.  and 
the  orders  and  instructions  given  to  Genl  Somerville  for  the  prose- 
cution of  the  campaign  across  the  Rio  Grande.  I  regret  that  these 
despatches  have  been  so  long  detained  by  the  way,  had  they  have 
come  to  hand  at  an  earlier  day,  I  should  have  been  enabled  to  have 
refuted  successfully  the  many  misrepresentations  which  have  been 
made  here  in  relation  to  the  different  matters  of  which  they  and  the 
accompanying  documents  treat.  I  hope  they  may  yet  avail  as 
much,  though  I  fear  it  may  be  said,  that,  Slander  has  performed  its 
office — ^its  work  is  complete. 

I  have  also  the  pleasure  to  inform  you  that  the  Hon  Wm.  Henry 
Dangerfield  ^  arrived  in  this  City  on  the  9th  Inst  and  left  again  on 
yesterday  for  Baltimore  where  he  will  remain  a  few  days  and  then 
return  here.  I  have  learned  much  valuable  information  from  Col 
Dangerfield  in  relation  to  our  affairs  at  home  as  well  as  the  views 
and  policy  of  the  Government  with  regard  to  the  future,  which  I 
hope  may  enable  me  to  direct  my  efforts  so  as  to  meet  the  concurence 
and  sanction  of  the  President  and  Secretary  of  State. 

In  my  last  despatch  I  expressed  the  hope  that  an  early  and  favor- 
able action  would  be  had  upon  the  treaty  then  pending  before  the 

a  L.  S.  fr  Daingerfleld. 


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CX)BBESPONDENCE  WITH  THE  UNITED  STATES.  133 

Senate  of  the  United  States.  This  opinion  was  formed  from  state- 
ments made  to  me  by  the  Hon.  Mr  Archer  Chairman  of  the  Committee 
on  foreign  relations  and  the  views  expressed  by  other  prominent 
members  of  the  Senate.  The  result  has  however  turned  out  other- 
wise, no  action  was  taken  by  the  Senate  untill  the  last  hours  of  the 
session  on  the  night  of  the  3rd  Inst,  when  they  ratified  the  treaty 
with  an  amendment  by  striking  out  the  4  and  5th  Articles  which  to 
my  mind  amounts  to  a  virtual  rejection  of  the  whole  not  that  many 
good  features  are  not  still  retained,  but,  that  it  is  not  the  interest  of 
Texas  at  present  to  conclude  any  treaty  with  the  United  States 
which  shall  not  embrace  a  provision  for  the  free  entrance  of  our 
Cotton  and  the  imencumbered  navigation  of  those  streams  which 
take  their  rise  in  Texas,  and  either  form  the  boundary  between  the 
two  countries,  or  flow  into  the  United  States,  and  empty  into  the 
Sea  within  their  territory.  Nothing  can  of  course  be  done  with  the 
treaty  further,  untill  the  meeting  of  the  next  Congress  in  December, 
previous  to  which  time,  I  shall  avail  myself  of  an  opportunity  to 
speak  more  at  length  in  relation  to  the  treaty  as  ratified  by  the  United 
States  Senate.  I  send  you  herewith  copies  of  the  confidential  note 
of  the  Secretary  of  State  of  the  United  States  and  the  procedings  of 
the  Senate  as  certified  by  Asbury  Dickens  Esqr  Secretary  of  the 
same.  This  result  I  am  very  sure  will  be  much  regreted  by  every  one 
who  feek  an  interest  in  the  mutual  welfare  of  both  countries,  but  by 
none  more  than  myself,  not  entirely  on  account  of  the  loss  of  the 
treaty  itself,  though  this  I  deeply  lament,  but  the  causes  which  pro- 
duced this  unfavorable  determination  are  more  to  be  deplored. 
When  my  last  despatch  was  written  the  inteligence  of  some  internal 
dissentions  in  the  country  and  army  had  reached  here,  but  by  an 
untiring  exertion,  aided  by  the  news  of  the  promptness  of  Genl  Som- 
erville's  action  at  Laredo  in  suppressing  the  spirit  of  insubordination 
which  had  manifested  itself  there,  I  was  enabled  to  show  to  the 
committee  to  whom  the  treaty  had  been  refered  that  the  laws  and 
constituted  authorities  were  yet  supreme,  and  thereby  sustain  the 
totering  fabric  of  confidence  which  had  [been]  noding  to  its  fall. 
The  committee  had  determined  to  make  a  favorable  report  upon 
the  treaty,  (but  it  has  been  wisely  said,  we  know  not  what  a  day 
may  bring  forth,)  soon  after  this,  came  the  news  of  the  division  and 
split  of  the  army,  and  the  disasters  which  befell  Col  Fishers  Com- 
mand,'^ and  with  it  came  the  anathemas  and  abuse  which  seemed  to 
be  poured  out,  without  measure  upon  the  Government  and  Country 
by  some  of  our  presses  and  letter  writers,  whose  eloquence  seems 
never  so  vivid,  as  when  attempting  to  hold  up  in  derision  the  consti- 
tuted authorities  of  the  Republic.     These  things  were  read  and  copied 

•  Col.  William  8.  Fisher  was  elected  to  command  the  Tezans  engaged  In  the  Mier  expedition  after  it  waa 
abandoned  by  Qeneral  Somervell. 


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134  AMERICAN  HISTORICAL  ASSOCIATION. 

into  the  newspapers  here,  and  reiterated  throughout  the  land,  their 
effects  you  may  readily  judge,  the  efforts  of  our  friends  were  palsied 
as  if  by  a  paralytic  stroke,  the  hopes  of  our  Opponents  revived, 
while  the  remaining  confidence  which  had  existed  in  our  institutions 
as  if  borne  down  by  a  mighty  avalanche  either  disappeared  beneath 
the  ruins  or  was  only  seen  in  the  disjointed  and  weiiened  fragments 
of  the  hopes  of  our  unmoved  friends.  Mr  Archer  informed  me  that 
every  Senator  who  spoke  upon  the  matter  in  opposition  said  they 
were  willing  to  grant  us  by  legislative  action  all  the  priviledges  which 
were  c^ded  to  us  in  the  articles  stricken  out,  but  that  our  apparant 
situation  would  not  justify  them  in  ceding  such  important  provi- 
sions by  treaty  stipulations  and  thereby  place  them  beyond  their 
control  for  ten  years,  if  granted  by  legislative  act  they  could  repeal 
it  whenever  they  saw  proper  should  any  change  take  place  in  our 
affairs  which  would  call  for  it.  Mr  Archer  also  said  he  would  pledge 
himself  if  desired  to  bring  in  a  bill  at  the  next  session  for  that  pur- 
pose. This  and  my  preceding  dispatches  will  thus  give  you"  the 
history  of  the  matter  so  far  as  the  same  has  come  to  my  knowledge 
with  the  various  causes  which  have  operated  at  different  times  to 
retard  the  action  of  the  Senate  and  to  bring  about  the  final  result, 
which  I  have  used  every  exertion  in  my  power  to  avert.  I  annex 
for  the  information  of  your  Department  a  private  communication 
which  I  addressed  to  Mr  Archer  chairman  of  the  conmiittee  on  for- 
eign relations  while  the  treaty  was  before  the  committee.  As  I 
before  remarked  further  action  of  course  will  be  suspended  untill 
the  meeting  of  Congress  in  December,  if  during  this  time  order  can 
be  restored,  the  people  united,  the  laws  respected,  subordination 
prevail,  our  friends  who  wield  the  pen  or  speak  aloud  will  but  talk 
and  write  in  our  country's  cause  and  Texas  present  an  undivided 
front  I  do  not  entertain  a  doubt  but  that  the  late  panic  will  have 
passed  away,  confidence  be  again  restored  and  that  the  Senate  will 
reconsider  its  vote  and  adopt  the  treaty  as  originally  presented,  for 
this  reason  I  hope  the  Senate  of  Texas  will  not  act  upon  the  matter 
imtill  an  opportunity  is  afforded  the  Senate  here  to  revise  its  decision. 
I  reed  at  the  hands  of  Col.  Dangerfield  the  ratified  Copy  of  the  treaty 
forwarded  by  him. 

In  a  former  despatch  I  informed  your  department  that  I  addressed 
to  Mr  Webster  Secretary  of  State  on  the  14th  of  December  last  a  com- 
munication upon  the  subject  of  the  character  of  hostilities  waged  by 
Mexico  against  Texas  invoking  at  the  same  time  the  interposition  of 
the  United  States  to  arrest  the  same  and  to  require  of  Mexico  either 
to  recognise  the  independence  of  Texas  or  make  war  upon  her  accord- 
ing to  the  rules  of  civilized  nations.  Mr  Webster  afterwards  in  a  pri- 
vate conversation  informed  me  that  the  same  had  been  laid  before  the 
President  of  the  United  States  who  had  given  it  a  favorable  considerft- 


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COERESPONDENCE  WITH  THE  UNITED  STATES.  135 

tion  and  that  it  was  the  intention  of  his  Government  to  seize  the  ear- 
liest favorable  opertunity  to  make  a  representation  to  the  Mexican 
govt,  upon  this  subject.  Afterwards  I  reed  the  note  of  Mr.  Webster 
in  reply  dated  2nd  Feb  last  informing  me  that  copies  of  my  commu- 
nication of  the  14th  Dec  and  24th  Jany  had  been  transmited  to  the 
Mimster  of  the  United  States  in  Mexico  with  instructions  concerning 
the  same  A  copy  of  Mr  Websters  note  is  herewith  annexed.  Sub- 
sequent to  the  date  of  the  reply  I  was  told  by  Mr  Webster  in  a  per- 
sonal interview  had  at  the  State  Department,  that,  the  Govt  of 
Texas  having  in  its  late  movements  towards  Mexico  acted  in  viola- 
tion of  the  policy  which  ^he  had  formerly  avowed  and  attempted  a 
retaliation  for  the  injuries  which  had  been  inflicted  upon  her,  the 
government  of  the  United  States  could  not  feel  justified  to  adopt 
the  measures  which  it  at  first  intended.  I  endeavored  to  show  to 
Mr  Webster  that  any  apparant  diversion  from  our  former  course  was 
not  to  be  attributed  to  the  Govt  authorities  but  to  individuals  acting 
in  violation  of  orders,  these  thing  I  was  unable  to  fully  establish,  for 
the  want  of  authentic  information  concerning  the  facts  as  they  existed 
Mr  Webster  said  in  reply  that  it  was  impossible  to  draw  the  distinc- 
tion at  all  times  between  those  who  acted  by  authority  and  those  who 
acted  without,  and  if  such  numbers  acted  not  only  without  but  in 
violation  of  orders  it  was  one  of  the  strongest  grounds  to  prove  that 
we  were  without  a  government  or  in  other  words  the  (Jovt  had  lost 
its  force.  I  am  much  gratified  in  deed  that  this  matter  has  reed  so 
much  of  your  attention  in  your  last  despatches.  1  shall  immediately 
address  the  Secretary  of  State  here  upon  the  subject  and  enclose 
therewith  the  narative  of  A  Neill  Esqr  and  a  copy  of  the  orders 
directed  to  Genl  Sommerville  which  must  fully  (as  I  conceive)  vin- 
dicate the  course  of  the  govt  in  the  measures  which  have  been  taken. 
Mr  Southall  bearer  of  dispatches  from  the  American  Minister  in  Mex- 
ico to  the  Govt  here  reached  this  place  a  short  time  since,  after  his 
arrival  I  called  upon  Mr  Webster  who  informed  me  that  Mr  Thomp- 
son had  approached  the  Mexican  Govt  upon  the  subject  of  Texas  and 
that  Mr  Thompson  reports  that  all  attempts  at  mediation  are  wholly 
useless. 

Since  my  last  despatch  I  have  privately  and  confidentially  pre- 
sented the  situation  of  our  affairs  to  the  President  and  one  of  the 
prominent  members  of  his  cabinet  and  submited  to  them  the  pro- 
priety of  the  United  States  announcing  to  the  world  that  the  inde- 
pendence of  Texas  shall  be  maintained  and  that  the  war  waged  by 
Mexico  against  us  shall  cease  in  toto.  I  have  urged  in  argument, 
that,  it  was  the  aboUtion  of  slavery  which  was  avowed  by  Mexico 
as  a  prime  reason  for  an  attempt  to  resubjugate  our  country,  and 
that  this  is  but  an  indirect  attempt  at  abolition  in  this  country  itnd 
calculated  to  encourage  that  growing  faction  here.     Aside  from  this 


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136  AMERICAN  HISTORICAL  ASSOCIATION. 

the  movements  of  the  British  Govermnent  can  not  be  looked  upon 
in  any  other  than  a  suspicious  light  towards  Texas,  the  known  pol- 
icy of  England  upon  the  question  of  Slavery  and  the  assertions  of 
those  connected  with  her  Grovemment  that  equivalents  could  be 
had  by  Texas  for  her  slaves  if  they  were  freed,  show  evidently  that 
it  is  a  darling  project  of  hers  to  see  established  in  Texas  a  free  state 
peopled  by'Anglo  Americans.  Could  she  succeed  in  this,  the  history 
of  the  Southern  States  would  soon  be  written.  To  accomplish  this 
England  knows  that  Texas  must  be  reduced  to  the  last  extremity 
before  the  question  could  be  entertained.  This  matter  as  I  before 
remarked  was  presented  to  the  President  and  one  of  his  Cabinet  con- 
fidentially— the  President  listened  with  much  attention  and  replied 
he  would  take  the  matter  into  serious  consideration.  I  afterwards 
on  Monday  last  called  to  see  him  when  he  told  me  that  Mr  Webster 
had  been  directed  to  approach  the  French  Minister  on  the  subject 
and  that  if  the  French  Grovemment  would  unite  with  the  United 
States  that  he  would  immediately  take  an  action  upon  the  matter. 
I  shall  not  make  any  written  communication  to  the  United  States 
govt,  which  will  state  any  of  the  facts  just  related  but  will  continue 
verbally  to  ui^e  the  measure.  If  the  jealousy  of  this  govt  can  be  a 
little  more  excited,  all  the  points  at  which  they  have  stickeled  would 
be  easily  surmounted  and  they  would  take  an  open  and  bold  stand 
in  our  behalf.  This  course  I  believe  now  can  alone  secure  us  peace 
from  Mexico  while  Texas  remains  in  her  present  position  as  a  seper- 
ate  Government.  In  the  communication  which  I  shall  first  address 
the  Secretary  of  State  here  I  shall  endeavor  in  pursuance  of  your 
instructions  to  enforce  as  far  as  I  can  the  doctrine  of  the  propriety 
of  this  government  interposing  to  arrest  the  predetory  warfare  of 
Mexico  against  us.  I  hope  that  the  views  which  I  have  laid  confi- 
dentially before  President  Tyler  may  meet  your  approbation,  should 
they  do  so  I  trust  I  will  be  favored  with  the  views  of  your  depart- 
ment in  relation  to  the  same.  I  presume  that  no  step  will  be  taken 
upon  the  subject  untill  the  French  Minister  can  consult  his  Grovem- 
ment.    I  will  write  Dr  Smith  on  the  subject  by  the  next  packet. 

I  am  gratified  to  learn  that  my  efforts  on  the  subject  of  annexation 
have  met  the  approbation  of  yourself  and  his  Excellency  the  Presi- 
dent. I  have  let  no  opportunity  pass  to  bring  this  matter  to  the 
consideration  of  President  Tyler  and  his  Cabinett  who  assure  me  of 
their  ardent  desire  to  accomplish  that  object,  the  views  submitted 
by  you  in  relation  to  the  proposition  I  most  cordially  concur  in.  The 
President  informed  me  in  our  last  interview  that  I  might  rest  as- 
sured, that,  the  moment  he  considered  it  safe  to  do  so  he  would 
advise  me  of  the  desire  of  his  Govt  to  enter  into  the  negotiation. 
The  President  is  much  embarrassed  at  this  time  his  principle  nomi- 


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COBBESPONDENCB  WITH  THE  UNITED  STATES.  137 

nations  having  been  rejected  by  the  Senate.  I  allude  to  Mr  Wise 
who  was  nominated  as  Minister  to  France  and  Mr  Gushing  to  the 
Treasury  Mr  Wise's  sentiments  you  know  in  relation  to  annexation 
Mr  Gushing  though  from  the  North  was  pledged  to  go  for  it.  Mr 
Spencer  has  succeded  to  the  Treasury  Mr  Webster  will  no  doubt 
retire  in  the  course  of  two  or  three  weeks.  Some  other  changes  are 
spoken  of,  after  which,  when  all  becomes  settled  a  better  oppor- 
tunity will  be  afforded  for  operation.  Let  our  people  and  papers  at 
iiome  keep  silent  on  this  subject,  too  great  an  anxiety  manifested 
there  will  only  excite  opposition  here  which  might  otherwise  lie 
dormant.  GenI  Jackson  has  written  an  able  and  interesting  letter 
on  the  subject  which  will  be  published  in  the  Globe.  I  will  fo[r]ward 
you  a  copy  as  early  as  it  appears.**  His  influence  is  paramount  with 
Mr.  Tyler. 

I  will  keep  your  Department  advised  upon  this  matter,  believing 
as  I  do,  that,  it  is  a  subject  of  absorbing  interest  both  to  Texas  and 
the  United  States,  and  that  it  is  the  determination  of  the  administra- 
tion now  in  power  in  this  country  to  make  the  effort  to  effect  it. 

A  few  days  before  the  adjournment  of  Gongress  John  Quincy 
Adams  endeavored  to  offer  some  resolutions  in  the  House  of  Beps. 
declaring  that  no  power  existed  in  the  constitution  authorizing  the 
acquisition  of  foreign  Territory  and  any  treaty  made  to  annex  Texas 
would  be  cause  of  disunion,  etc  etc.  The  House  refused  to  receive  it 
or  consider  it. 

On  the  3rd  ultimo  I  addressed  a  communication  of  [to]  Mr  Web- 
ster upon  the  subject  of  the  disturbances  between  the  border  citizens 
of  Texas  and  the  Indians  residing  on  the  boundary  near  Red  River 
enclosing  a  copy  of  the  extract  from  Jesse  Bentons  letter  to  your 
Department,  also  submiting  the  views  heretofore  contained  in  my 
instructions  upon  the  subject  of  the  transmission  of  the  mails  be- 
tween the  two  countries.  I  herewith  send  you  a  copy  of  the  com- 
munication which  will  inform  you  more  fully  upon  the  subject.  I 
had  previously  laid  the  same  before  the  Post  Master  Grenl.  who  in- 
formed me  that  he  was  not  authorized  to  require  prepayment  upon 
letters  although  he  approved  of  the  proposition  submitted  by  me, 
the  communication  was  made  in  writing  that  the  same  might  be 
submitted  to  Gongress — this  was  done  but- 1  regret  to  have  to  say 
that  it  remains  I  understand  among  the  unfinished  business  of  the 
session. 

Your  request  in  relation  to  the  blank  forms  of  the  Post  Office 
Department  shall  be  attended  to  at  the  earliest  day  possible.  Mr 
Dangerfield  delivered  me  a  full  copy  of  the  laws  for  which  I  return  you 
my  thanks. 

oSee  J^Um'  Ecffitter,  LXVI,  70. 


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138  AMERICAN  HISTORICAL  ASSOCIATION. 

You  will  please  remember  me  to  the  President  and  the  members 
of  the  Cabinet  respectively. 

Wishing  you  success  in  the  important  duties  of  your  station  I  have 
the  honor  to  be  with  great  and  sincere  regard  your  friend 
and  Obedient  Servant, 

Isaac  Van  Zandt 

P.  S.  I  see  published  in  the  Inteligencer  of  this  morning  a  report 
that  the  prisoners  taken  at  Mier  had  escaped  I  send  you  the  slip 
cut  out."  I  fear  that  this  is  not  true,  but  hopeing  that  it  may  be  I 
will  not  make  any  further  communication  in  relation  to  them  untill 
I  learn  the  truth  of  the  report. 

I.  V.  Z. 


(Mr  Webster  to  Mr.  Van  Zandt.) 

Confidential 

The  undersigned  Secretary  of  State  of  the  United  States  has  the 
honor  to  inform  Mr  Van  Zandt  Charge  d'  Aflfaires  of  Texas  that  the 
treaty  between  the  two  Countries  signed  in  this  city  on  the  30th  of 
July,  last  was  duly  submited  by  the  President  to  the  Senate  for  its 
consideration  with  a  view  to  ratification  and  that  the  senate  dis- 
posed of  this  instrument  on  the  3rd  Instant  Mr  Van  Zandt  will  see 
from  the  enclosed  copy  of  their  resolution  of  that  date  that  the 
Senate  advised  and  consented  to  the  ratification  of  the  treaty  with 
an  amendment  that  the  4  and  5th  Articles  ^  be  stricken  out. 

The  undersigned  avails  himself  of  this  occasion  to  oflfer  to  Mr  Van 
Zandt  renewed  assurances  of  his  distinguished  consideration 

(sgd.)  Danl  Wbbstee 

Department  of  State 

WasUngton  [City]  llth  March  18j^. 

To  the  Honl  Isaac  Van  Zandt 
etc  etc  etc 

[Here  follow  copies  of  the  Senate  resolution  referred  to  *  and  of 
the  following:  Webster^  to  Van  Zandt,  February  2,  1843;  and  Van 
Zandt  to  Webster,  February  3,  1843.1 

a  The  clipping,  wiiich  is  pasted  on  the  sheet  Just  above  the  postscript,  reads  as  follows: 

FROM  ICATAlfORAS. 

The  schooner  Emblem  arrived  at  New  Orleans  on  the  1st  instant  from  Matamoras,  which  port  she  left 
on  the  19th  of  February. 

The  captain  reports  that  on  the  226,  while  lying  off  the  bar  waiting  for  a  pilot,  news  came  that  the  pris- 
oners (Texians)  captured  at  Mier  with  Colonel  Fisher  had  risen  upon  their  guard  at  Saltillo,  overpowered 
them  after  a  short  struggle,  and  set  out  in  haste  for  Texas. 

In  oonflrmation  of  this  rumor  it  is  reported  that  Col.  Kinney,  who  was  about  taking  passage  for  the  United 
States,  had  been  arrested  after  the  Emblem  left  Matamoras  on  suspicion  of  having  some  hand  in  assisting 
the  Tezian  prisoners  to  escape.— PfcayuiM. 

b  See  Part  I,  p.  623. 

c  Bee  Journal  of  the  Executive  Proceeding*  of  the  Senate,  VI,  188-189. 

tf  See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 


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OOBBESPONDENCB   WITH  THE  UNITED  STATES.  139 

(Copy  of  communication  addressed  to  Mr.  Archer.) 

Washington  Crrr 

lOfh.  Jany  I84S 
Hon  Wm.  S  Archeb 

Chairman  of  the  Committee  on  Foreign  Relations. 

Sm:  With  your  permission  I  beg  leave  to  submit  a  few  brief 
remarks  upon  some  of  the  various  points  embraced  in  the  treaty 
lately  concluded  in  this  City  between  the  United  States  and  the 
Republic  of  Texas. 

The  Republic  of  Texas,  having  on  the  19th  day  of  May  A  D  1841, 
made  known  to  the  United  States  her  intention  to  terminate  the 
treaty  of  the  5th.  of  April  A  D  1831,**  between  Mexico  and  the  United 
States,  so  far,  as  the  provissions  of  the  same,  relating  to  commerce 
and  navigation  were  binding  upon  the  Texian  Government,  conse- 
quently by  the  provissions  of  the  34th.  article  of  said  treaty,  since  the 
19th.  day  of  May  A.  D.  1842,  all  regulations  upon  the  subjects  of 
commerce  and  navigation  have  ceased  between  the  United  States 
and  Texas. 

The  contiguity  and  juxtaposition  of  the  two  nations — the  frequent 
intercourse  between  their  citizens,  and  the  growing  commerce  carried 
on  between  them,  render  it  essentially  necessary,  in  order  to  avoid  all 
difficulties  and  embarrassments,  which  might  arise,  as  well  as  to  per- 
petuate and  strengthen  the  good  feelings  of  friendship  and  national 
concord,  which  it  is  the  interest  and  should  be  the  desire  of  both 
Governments  to  foster  and  preserve,  that  definitive  rules,  in  the 
nature  of  treaty  stipulations,  should  be  established  for  their  mutual 
regulation  and  government. 

Assuming  then,  that  a  treaty  is  not  only  proper  but  necessary,  the 
next  inquiry  arises;  what  should  be  its  provissions ?  In  order  that  it 
may  receive  the  sanction  of  the  people  of  the  two  countries,  and  ensure 
a  faithful  observance  of  its  conditions,  and  thereby  accomplish  the 
objects  designed,  it  should  be  founded  upon  the  basis  of  reciprocal 
utiUty  and  perfect  equality.  I  am  aware  that  in  the  negotiations  of 
commercial  treaties,  superior  facilities  and  advantages  are  always 
enjoyed  by  those  who  treat  at  home — this,  taken  in  connection  with 
the  fact  that  the  Republic  of  Texas  is  yet  in  her  infancy,  with  a 
limited  population  and  her  resources  but  partially  developed,  it 
might  be  supposed  that  she  would  necessarily  be  compelled  to  make 
concessions  without  receiving  an  equivalent.  But  such  a  view  I 
apprehend  will  not  be  found  correct,  it  being  neither  compatible  with 
the  known  independence  of  the  people  of  Texas,  nor  the  long  estab- 
lished magnanimity  of  policy,  which  has  characterized  the  Govern- 
ment of  the  United  States.  By  assuming  that  the  basis,  of  the  nego- 
tiations, between  the  two  countries,  as  before  remarked  should  be 

•  8«e  UnUed  StaUs  Treaties  and  OorwenUoru,  e64-«75;  UtdUd  StaUt  SUshUes  at  Large,  Yin,  41(M29. 


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140  AMEBICAN  HISTORICAL  ASSOCIATION. 

founded  upon  the  broad  and  liberal  principles  of  independence,  equal 
favors  and  reciprocity,  all  the  incentives  and  all  the  opportunities, 
for  over-reaching  and  double-dealing  are  thereby  discarded  and 
thrown  aside.  Neither  Government  should  ask  any  thing,  which  the 
other  can  have  any  interest  to  deny.  Neither  should  offer  any  thing, 
for  which  the  other  may  be  unwilling  to  give  a  fair  equivalent. 

I  will  now  compare  the  treaty  which  has  been  concluded,"  with  the 
foregoing  principles  and  see  how  far  (should  it  be  ratified)  they  will 
coincide. 

The  first  article  provides  for  a  lasting  peace  and  friendship. 

The  second  article  stipulates  for  a  reciprocal  liberty  of  commerce: 
that,  ''the  inhabitants  of  the  two  countries  respectively  shall  have 
liberty  to  come  with  their  ships  and  cargoes  to  all  such  places  ports  and 
rivers  in  the  territories  of  the  two  countries,  to  which  other  foreigners 
are  permitted  to  come,  to  enter  into  the  same,  and  remain  and  reside 
in  any  ports  of  the  said  territories  respectively,  also  to  hire  and  occupy 
houses,  and  ware  houses,  for  the  purposes  of  their  commerce,  but 
subject  always  to  the  laws  of  the  two  countries  respectively."  This 
although  entirely  reciprocal  in  its  character  will  be  found  in  its  effects 
to  be  more  extensive  in  its  benefits  to  the  Government  of  the  United 
States  than  to  Texas.  From  the  relative  situation  of  the  two 
countries — their  great  inequaUty  of  surplus  capital,  population, 
manufactures  and  commerce,  a  greater  number  of  United  States' 
ships,  merchants  and  capitalists  will  always  be  found  engaged  in  the 
trade  and  shipping  of  Texas,  than  of  Texian  ships,  merchants  etc  in 
that  of  the  United  States.  This  is  an  advantage,  which  the  United 
States  may  enjoy  without  any  detriment  to  Texas,  while  such  a  pro- 
vission  by  the  encouragement  and  protection  mutually  guaranteed 
by  it  to  the  commerce  of  both  nations,  is  well  calculated  to  strengthen 
the  ties  of  friendship  already  existing  between  them.  The  last  pro- 
vission  of  this  article,  withholding  the  coasting  trade  of  either 
country,  being  in  the  nature  of  a  reservation  and  not  a  cession,  need 
not  be  noticed  here. 

The  1st.  provission  of  article  3rd.  places  the  articles  of  growth 
produce  or  manufacture  of  either  country  in  the  markets  of  the  other 
upon  an  equal  footing  with  like  articles  imported  from  any  other 
foreign  nation.  This  provission,  though  in  the  nature  of  a  mutual 
concession,  possesses  a  prohibitory  or  negative  character  much  to  be 
desired  by  the  United  States.  Texas  is  thereby  prevented  from  con- 
cluding any  arrangement  with  any  other  foreign  power  (that  might 
be  desirous  of  monopolizing  her  trade),  by  which  the  articles  of 
growth  produce  or  manufacture  of  such  foreign  power  might  be 
admitted  into  Texas,  on  more  favorable  terms  than  like  articles,  the 
growth  produce   or  manufacture   of   the   United   States,    thereby 

a  See  Part  I,  pp.  623-628. 


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OORRBSPONDENCB  WITH  THE  UNITED  STATES.  141 

guaranteeing  to  the  United  States  a  fair  competition  with  other 
foreign  powers  in  the  trade  of  Texas,  which  trade  must  prove  highly- 
lucrative  to  those  who  shall  be  so  fortunate  as  to  secure  it. 

The  next  paragraph  of  the  same  article  provides  that,  ''no  higher 
or  other  duties  or  charges  shall  be  imposed  in  any  of  the  ports  of  the 
United  States  on  Texian  vessels,  than  those  payable  in  the  same  ports 
by  vessels  of  the  United  States;  nor  in  the  ports  of  Texas  on  vessels 
of  the  United  States,  than  shall  be  payable  in  the  same  ports  on 
Texian  vessels."  This  though  apparently  equal  will  be  found  in  its 
effects  to  give  to  the  United  States  great  advantages,  while  it  may 
materially  affect  the  revenues  of  Texas.  The  number  of  Texian 
vessels  is  remarkably  limited  and  their  tonnage  generally  light,  the 
consequent  charges  upon  them  in  the  ports  of  the  United  States, 
which  would  be  lessened  by  this  provision,  must  be  trivial  in  amount. 
On  the  other  hand  nearly  the  whole  of  the  Texian  shipments  from 
the  United  States,  being  made  in  United  States*  bottoms,  (which 
with  other  foreign  vessels  are  chained  in  the  ports  of  Texas  sixty 
cents  per  ton  on  sail  and  thirty  cents  per  ton  on  steam  vessels  and 
the  tonnage  duty  thus  collected  from  foreign  vessels  amounting  as 
will  be  seen  by  reference  to  the  collectors*  retVuns  of  the  different 
ports  of  Texas  to  near  one  fifteenth  of  the  whole  revenue  received,) 
should  Texas  with  a  view  to  encourage  and  foster  her  own  shipping 
(which  has  been  the  poUcy  of  every  Government  desiring  to  be  inde- 
pendent) make  the  same  difference  in  the  tonnage  duty  between 
domestic  and  foreign  vessels,  as  has  been  established  by  the  United 
States,  for  the  protection  of  their  shipping,  then  the  gain  to  the 
United  States  by  the  adoption  of  this  provission.  must  be  in  propor- 
tion, as  the  amount  of  their  shipping  entering  the  ports  of  Texas, 
exceeds  the  shipping  of  Texas  entering  the  ports  of  the  United  States. 

The  3rd.  and  4th.  paragraphs,  of  the  3rd.  article  provide  that  the 
same  duties  shall  be  collected  by  either  country  on  the  articles  of 
growth  produce  or  manufacture  of  the  other,  whether  the  same  shall 
be  imported  into  either  country  by  Texian  vessels  or  vessels  of  the 
United  States.  This  provission  will  have  the  effect  to  reduce  the 
duties  now  levied  in  the  ports  of  Texas  five  per  cent,  upon  such 
articles  as  are  imported  into  that  country  in  vessels  of  the  United 
States,  which  are  the  growth  produce  or  manufacture  of  the  United 
States.  This  will  be  more  fully  explained  by  the  following  clause 
extracted  from  the  impost  laws  of  Texas,  ''An  additional  duty  of 
five  per  cent  ad  valorem  shall  be  collected  over  and  above  that  which 
the  laws  otherwise  direct  from  all  goods  imported  in  foreign  bottoms, 
with  the  exception  of  those  foreign  vessels,  which  by  treaty  or  act  of  " 
Congress  are  permitted  to  enter  on  the  payment  of  domestic  duty". 
Such  a  provission  may  likewise  be  contained  in  the  revenue  laws  of 
the  United  States,  this  however  I  have  not  had  an  opportunity  to 


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142  AMERICAN  HISTORICAL  ASSOCIATION. 

ascertain:  should  it  even  be  so,  this  provission  must  still  result  with 
greater  advantage  to  the  United  States,  in  proportion  to  the  amount 
which  their  exportations  to  Texas  in  United  States  vessels  exceed 
the  exportatifons  of  Texas  to  the  United  States  in  Texian  vessels, 
which  excess  as  has  already  been  shown  is  very  great  in  favour  of  the 
United  States. 

The  last  paragraph  of  the  3rd.  article,  relates  to  drawbacks  upon 
the  exportation  of  goods  the  growth  produce  or  manufacture  of  either 
country,  and  when  reexported  from  either  country  in  the  vessel  of 
the  other  party  to  any  foreign  nation,  the  party  from  whose  country 
such  reexportation  is  made,  reserves  to  itself  the  right,  of  regulating 
or  diminishing  the  amount  of  the  said  drawback.  This  provission 
though  important  for  the  future,  at  present  would  be  very  limited 
in  its  effects  upon  either  country.  It  is  not  probable  that  any 
exportation  will  be  made  to  Texas  from  the  United  States,  for  some 
time  to  come  with  a  view  of  reexportation  by  river  or  sea  to  any  other 
foreign  nation.  The  only  case,  in  wliicli  this  provission  will  probably 
operate,  will  be  in  the  exportation  of  the  products  of  Texas  to  the 
United  States,  and  from  thence  to  be  reexported  to  Europe.  By  the 
adoption  of  this  provission  the  United  States  will  have  the  power  to 
diminish  the  drawbacks  allowed  to  such  an  extent  (when  the  re- 
exportations are  made  in  Texian  vessels)  as  may  amount  to  a  pro- 
hibition, and  thereby  secure  to  themselves  the  carry  ing  trade  of  all 
articles  the  growth,  produce  or  manufacture  of  Texas  so  reexported. 

By  article  the  4  th.  "the  two  contracting  parties  agree  that  theSabine 
from  its  source  to  the  sea,  the  Red  river  and  all  rivers,  having  their 
sources  or  origin  in  the  territory  of  Texas,  running  in  part  of  their 
course  through  that  territory,  or  forming  the  boundary  between  Texas 
and  the  United  States  and  emptying  into  the  Mississippi,  and  the 
Mississippi  itself,  from  and  including  the  mouth  or  mouths  of  said 
rivers  to  the  sea,  shall  be  free  to  be  navigated  and  common  to  both 
nations,  and  that  no  duty  shall  be  levied  or  collected  upon  any  arti- 
cles the  growth,  produce  or  manufacture  of  Texas,  originally  trans- 
ported down  the  above  named  rivers,  or  transported  for  the  purpose 
of  descent  and  exportation  to  any  port  or  places  situated  thereon, 
provided  however,  that  it  shaU  be  lawful  for  the  Presidents  of  the 
United  States  to  establish  such  rules  and  regulations,  as  may  be  neces- 
sary, for  the  proper  observance  of  the  stipulations  contained  in  this, 
and  the  next  succeeding  article."  In  this  article  the  right  of  entrepot 
is  indirectly  ceded  to  Texas,  but  as  the  same  is  more  fully  couched  in 
article  6th.  I  will  pass  it  over  for  the  present,  and  confine  myself  to 
'the  remaining  stipulations  of  the  article  above  set  forth. 

The  privilege,  of  the  navigation  of  the  several  streams  before 
alluded  to  (which  take  their  rise  in  Texas)  throughout  their  whole 
course  to  the  sea,  cannot  be  considered  as  a  cession  on  the  part  of  the 


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COBRESPONDBNCB  WITH  THE  UNITED  STATES.  143 

United  States  to  Texas,  but  is  a  natural  right  belonging  to  Texas.  This 
position  I  presume  no  one  will  attempt  to  controvert:  should  it  how- 
ever be  doubted,  the  doctrine  heretofore  held  by  the  United  States, 
during  the  controversy  with  Spain  in  1792  in  regard  to  the  rigjit  of 
navigating  the  Mississippi  within  the  Spanish  territory,"  as  well  as 
the  doctrine  afterwards  held  by  the  United  States,  in  the  controversy 
with  Great  Britain  in  relation  to  the  navigation  of  the  St  Lawrence, 
which  both  takes  its  rise  and  empties  into  the  sea  within  the  British 
territory,''  will  establish  the  principle  upon  which  this  right  is  founded. 
This  right  is  rested  upon  the  principle,  that  the  Ocean  is  free  to  aU 
men,  and  its  rivers  to  all  their  inhabitants — that  whenever  these  rivers 
enter  the  limits  of  another  nation,  from  that  in  which  they  take  their 
rise,  or  through  which  they  flow,  if  the  right,  of  the  upper  inhabitants 
to  descend  the  stream,  shall  be  in  any  wise  obstructed  or  denied,  it  is 
but  an  act  of  force  by  a  stronger  society  against  a  weaker  condemned 
by  the  judgment  of  mankind.  It  is  also  a  principle  that  the  right  to  a 
thing  gives  the  right  to  the  means  without  which  it  could  not  be  used, 
that  is,  the  means  follow  the  end,  and  the  right  to  navigate  a  river 
draws  to  it  a  right  to  moor  vessels  to  its  shores — to  land  on  them  in 
cases  of  distress,  or  for  other  necessary  purposes.  This  principle  is 
founded  in  natural  reason  and  evidenced  by  the  common  sense  of  man- 
kind. Mr  Jefferson,  in  his  instructions  to  the  United  States'  Minis- 
ter in  Spain,  in  1792,  contended  that  this  incidental  right  extended 
even  beyond  the  shores,  when  circumstances  render  it  necessary  to 
the  exercise  of  the  principal  right.  The  only  modification  which  this 
right  admits  of,  is  when  its  free  use  would  conflict  with  the  safety  and 
convenience  of  the  nation  through  which  the  upper  inhabitants  are  to 
pass.  Hence  arises  the  power  to  establish  rules  for  its  government 
and  exercise.  But  then  it  is  a  right  as  real  as  any  other  right  how- 
ever well  defined,  and  should  it  be  refused  or  so  shackled,  by  regula- 
tions, not  necessary  for  the  peace  and  safety  of  the  lower  inhabitants, 
as  to  render  its  use  impracticable,  it  would  be  an  injury  for  which  the 
party  injured  should  be  entitled  to  redress.  The  law  of  nature,  in  its 
great  outlines,  though  suflBciently  understood,  does  not  always  reach 
the  minuter  and  more  compUcated  details  necessarily  called  for  by 
the  various  wants  of  commerce  and  navigation:  for  this  reason,  the 
ocean  itself  has  been  subjected  in  many  instances,  by  numerous 
treaties,  to  various  regulations.  The  power  to  prescribe  these  rules 
has  been  delegated  by  this  article  of  the  treaty  to  the  President  of  the 
United  States.  The  free  navigation  of  the  streams  before  alluded  to, 
as  now  contended  for,  wiQ  possess  none  of  the  difl5culties  suggested — 
the  exercise,  of  this  right  so  far  from  endangering  the  peace  and  safety 
of  the  inhabitants  of  the  United  States,  situated  and  residing  upon 

a  See  American  State  Papert,  Foreign  Relations,  1, 251-263,  pastim, 
ft  C/.  Woolsey,  IiUematUmal  Law,  82. 


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144  AMERICAN  HISTORICAL  ASSOCIATION. 

these  streams  below  where  they  emerge  from  the  territory  of  Texas, 
would  on  the  contrary  greatly  promote  their  interest  and  contribute 
to  their  wealth. 

By  article  5th.  the  two  contracting  parties  agree  that  on  all  articles 
the  growth  produce  or  manufacture  of  either  country,  sent  from  one 
country  to  the  other  by  land,  river  or  sea  and  exported  to  a  foreign 
country  no  duties  or  charges  shall  be  required  to  be  paid  to  the 
power  within  and  from  out  of  whose  limits  such  articles  arrive  and 
depart:  that  they  may  be  repacked  for  exportation,  under  the 
inspection  of  the  proper  authorities,  and  at  the  expense  of  the  party 
interested,  and  that  raw  cotton  the  produce  of  either  country  may 
be  imported  into  other  free  of  duty  for  five  years,  from  the  exchange 
of  the  ratifications  of  this  treaty."  This  article  in  a  commercial 
point  of  view  may  be  considered  as  perhaps  the  most  important 
embraced  in  the  treaty.  In  order  to  understand  the  advantages — 
the  policy — the  faime^  and  equality  of  its  provissions,  it  is  necessary 
to  examine  and  compare  its  probable  effects,  upon  the  various  inter- 
ests of  the  two  countries.  The  geographical  position  of  Texas — 
the  habits  and  pursuits  of  her  people — her  principal  population 
being  at  present  embraced  between  28  and  34  degrees  of  north  lati- 
tude and  her  soil  being  well  adapted  to  the  production  of  the  great 
southern  staple,  mark  her's  as  emphatically  an  agricultural  coxmtry. 
The  only  articles  which  she  may  expect  to  export  will  be  her  agricul- 
tural products:  the  great  item  of  which,  and  perhaps  the  only  one 
to  any  extent  for  the  present  will  be  the  article  of  raw  cotton.  Texas 
then,  by  the  provissions  of  article  5th,  would  secure  to  herself  the 
privilege  of  discharging  and  repacking  for  re-exportation,  under  the 
inspection  of  the  proper  authorities,  at  the  ordinary  expense  attendant 
upon  the  same,  her  cotton  destined  for  European  markets,  and  the 
additional  privilege  of  disposing  of  the  same  for  the  term  of  five  years 
within  the  limits  of  the  United  States  free  of  duty.  A  large  portion 
of  the  citizens  of  Texas  having  emigrated  from  the  United  States — 
the  habits,  language  and  religion  of  the  two  countries  being  the  same, 
and  the  institutions  of  the  former  having  been  derived  from  the  latter, 
it  is  but  natural  to  suppose,  that  the  people  of  Texas,  should  prefer 
and  desire  to  carry  on  their  principal  trade  with  the  citizens  of  the 
United  States,  when  they  can  do  so,  without  material  detriment 
to  their  commercial  interest.  The  limited  amoimt  of  her  shipping, 
and  consequent  limited  means  of  conveyance  within  herself  render 
it  the  interest  of  Texas  to  procure  a  market  for  her  products  as  near 
home  as  possible,  and  thereby  obtain  a  speedy  return  for  these 
products,  and  a  ready  supply  of  such  articles  as  she  may  desire  to 
purchase  abroad,  and  import  into  her  own  country  for  consumption. 
This  object  may  be  said  to  be  attained  in  a  great  degree  for  the  next 
five  years,  by  the  provissions  of  this  article  of  the  treaty,  after  which 


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COBRESPONDENCB  WITH   THE  UNITED  STATES.  145 

the  privilege  of  selling  Texian  cotton  in  the  markets  of  the  United 
States  free  of  duty  would  expire  by  its  own  limitation  without  a 
notice  of  a  desire  to  terminate  it  by  either  party.  The  right  of 
entrepot  and  repackage  ceded  by  this  article  would  result  with  much 
convenience  to  the  people  of  Texas,  so  long  as  their  principal  trade 
shall  be  confined  to  the  United  States,  especiaUy  that  portion  of  our 
citizens  residing  in  eastern  Texas,  whose  outlet  to  market  must  be 
through  the  channels  of  the  various  rivers  aUuded  to  in  article  4th: 
their  natural  right  being  confined  as  before  stated,  to  the  privilege 
of  free  navigation  without  that  of  entrepot  and  repackage,  under 
ordinary  circumstances.  The  question  is  then  presented,  Can  the 
United  States  cede  to  Texas  these  privileges  without  detriment  to 
their  interests?  or  will  they  not  by  these  reciprocal  stipulations 
greatly  advance  and  promote  their  individual  and  national  wealth? 
The  only  objection  which  has  been  attempted  to  be  urged,  but  which 
upon  examination  will  be  found  to  be  entkely  groundless,  is,  that  by 
the  admission  of  Texian  cotton  in  the  markets  of  the*United  States 
free  of  duty  an  imdue  competition  would  thereby  exist  which  would 
be  detrimental  to  the  cotton  growing  interest  of  the  United  States. 
If  the  United  States  were  the  only  consumers  and  manufacturers  of 
raw  cotton,  this  objection  would  hold  good,  but  it  will  be  recoUected 
that  the  United  States  are  not  only  consumers  of  the  raw  material, 
but  are  exporters  to  a  much  greater  extent,  consequently  it  matters 
but  little  so  far  as  the  cotton  growing  interest  of  this  country  is 
concerned,  whether  Texian  cotton  is  met  in  the  markets  of  this 
country,  or  competed  with  in  the  markets  of  Europe,  in  fact  the  mar- 
kets of  Europe,  with  regard  to  the  article  of  cotton,  control  the  price 
in  the  markets  of  the  United  States,  and  therefore  any  competition 
it  matters  not  how  formidable  that  may  arise  in  the  article  in  the 
ports  of  the  United  States,  can  have  no  effect  upon  the  current 
prices  of  that  great  and  leading  staple. 

The  tonnage  duty,  now  levied  by  the  French  and  English  Grovem- 
ments  in  their  ports  on  vessels  of  the  United  States,  when  freighted 
with  Texian  cotton,  is  established  at  a  rate  so  high  that  the  tonnage 
in  many  instances  would  amount  to  more  than  the  ordinary  freight 
of  the  vessel,  and  consequently  has  the  effect  of  a  prohibition.  The 
entire  crop  of  Texian  cotton  sent  to  European  markets  under  the 
existing  state  of  affairs  (it  matters  not  whether  the  same  is  shipped 
from  the  ports  of  Texas  direct  or  reexported  from  the  ports  of  the 
United  States)  is  now  compeUed  to  be  carried  on  board  of  European 
ships.  It  will  be  readily  seen  that  by  the  admission  of  Texian  cotton 
into  the  ports  of  the  United  States  free  of  duty,  the  same  would  lose 
its  identity  and  become  mixed  with  and  shipped  as  United  States 
cotton,  which  taken  in  connection  with  the  provissions  of  a  former 
article  would  undoubtedly  secure  to  the  United  States  the  carrying 

39728**— VOL  2,  PT  1—11 ^10 


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146  AMERICAN  HISTORICAL  ASSOCIATION. 

trade  of  Texas,  by  which  a  profitable  employinent  will  be  had  for  a 
large  number  of  their  merchantmen,  which  would  otherwise  be 
secured  by  Eiux)pean  ships.  The  United  States  would  not  only 
secure  the  carrying  trade,  but  would  become  the  great  store-house 
from  which  Texas  would  procure  nearly  the  whole  of  her  foreign 
supplies,  which  have  heretofore  exceeded  the  amount  of  her  exports. 

The  great  manufacturers  of  the  north  would  here  secure  against 
European  competition  (for  such  would  undoubtedly  be  the  eflFect) 
a  growing  and  extensive  market  for  the  various  articles  manu- 
factured by  them,  such  as  cotton  fabrics  of  every  character,  lindseys, 
jeans,  broad  cloths  hats  boots  and  shoes  and  articles  manufactured 
from  steel  and  iron,  including  fire  arms,  implements  of  war,  farming 
utensils  and  implements  of  husbandry;  also  the  various  articles  of 
furniture  etc  manufactured  of  wood — ^glass  and  tin  ware  saddlery 
etc  etc  etc,  while  the  farmers  and  planters  of  the  west  would  find 
consumption  and  a  market  for  their  immense  quantities,  of  surplus 
produce,  such  as  flour,  bacon,  lard  etc,  thereby  giving  both  in  the 
north,  and  west  profitable  employment  to  a  large  number  of  laborers, 
who  must  otherwise  remain  idle  and  unemployed.  Thus  it  may  be 
seen  that  this  cession  of  privilege  to  Texas  will  not  only  act  without 
detriment  to  the  United  States  but  will  result  directly  to  their  great 
and  eminent  advantage. 

The  privilege  of  entrepot  and  repackage  is  not  exclusive,  but 
entirely  reciprocal  and  opens  to  the  enterprise  of  the  United  States 
through  the  territory  of  Texas  extraordinary  inducements.  The 
United  States,  imder  the  provissions  of  this  article  of  the  treaty, 
would  possess  the  right  to  ship  the  articles  of  growth,  produce  or 
manufacture  of  every  character,  of  their  own  country  to  Texas  with 
a  view  of  reexportation  free  of  charge  or  duty,  thereby  opening  a 
highway  to  their  citizens  to  the  extensive  &nd  lucrative  trade  of 
the  States  of  Eastern  Mexico,  being  the  nearest  route  by  which  many 
of  those  states  can  be  reached;  the  most  wealthy,  of  which,  must 
from  their  pecuUar  locality,  sooner  or  later,  receive  their  supplies 
through  Texas.  I  aUude  to  the  northern  portion  of  the  States  of 
Tamaulipas  and  New  Leon,  together  with  the  whole  of  Durango, 
Coahuila  and  Chihuahua.  This  view  of  the  case  is  neither  vissionary 
nor  ideal.  While  Texas  constituted  an  integral  part  of  the  Mexican 
Nation,  a  most  extensive  and  lucrative  trade  was  carried  on  by  the 
citizens  of  the  above  named  Mexican  states,  with  the  city  of  San 
Antonio,  and  the  various  villages  upon  the  western  border,  and  even 
since  the  independence  of  Texas,  and  during  the  pendency  of  hostih- 
ties  between  Mexico  and  Texas,  in  the  years  1838-9  and  40  not  less 
than  one  hundred  thousand  dollars  in  gold  and  silver  was  annually 
brought  into  Texas  by  Mexican  traders  and  exchanged  for  articles 
of  merchandise.    It  will  be  recollected  also  that  in  the  fall  of  1840 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  147 

a  caravan  of  traders,  from  the  State  of  Chihuahua  passed  through 
Texas  and  descended  Red  river  and  the  Mississippi  to  New  Orleans, 
carrying  with  them  nearly  two  hundred  thousand  dollars  in  the 
precious  metals,  which  were  exchanged  in  that  city  principally  for 
dry  goods.  These  traders  returned  by  the  route  which  they  had 
come,  being  through  that  portion  of  Texas  included  in  the  counties 
of  Red  river  and  Fannin.  The  Americans,  who  accompanied  that 
expedition,  and  have  since  returned,  report  the  route  as  not  only 
practicable,  but  easy  to  be  traversed.  If  then  such  has  been  the  trade, 
imder  the  circumstances  which  have  existed  in  that  quarter,  it  might 
reasonably  be  concluded  that  should  the  difficulties  between  Texas 
and  Mexico  be  happily  terminated,  this  trade  would  become  one  of 
gEeat  importance.  From  these  reflections  I  conclude  that  the  pro- 
vissions  of  this  article  are  not  only  necessary  but  higlily  beneficial 
to  the  interests  of  both  coimtries.  Nothing  is  ceded  to  Texas  which 
it  is  the  interest  of  the  United  States  to  deny.  Nothing  is  offered 
to  Texas  for  which  she  does  not  render  a  fair  and  full  equivalent. 

The  6th,  7th,  8th,  9th,  10th,  11th,  and  12th,  articles  provide  for 
the  regulation  of  the  commerce  between  the  two  coimtries,  during 
the  pendency  of  a  war  in  which  either  of  the  contracting  parties 
may  be  engaged,  whilst  the  other  is  neutral,  which  is  highly  neces- 
sary for  their  mutual  protection.  As  these  articles  contain  nothing 
more  than  the  ordinary  stipulations,  usual  in  such  cases,  I  deem  it 
unnecessary  to  allude  to  them  in  detail. 

The  13th.  article  provides  that  the  citizens  of  either  coimtry  shall 
have  power  to  dispose  of  their  personal  effects  by  sale,  donation, 
testament  or  otherwise,  and  that  their  representatives,  being  citizens 
of  either  country,  shall  succeed  to  the  said  personal  effects,  whether 
by  testament  or  ab-intestate,  and  may  take  possession  thereof,  either 
by  themselves  or  their  agents,  upon  paying  the  ordinary  expenses 
etc.  This  together  with  the  succeeding  article,  which  secures  protec- 
tion to  the  persons  and  property  of  the  citizens  of  each  country  while 
in  the  territory  of  the  other,  as  well  as  opening  the  tribunals  of  justice 
for  the  judicial  recourse  of  the  citizens  of  one  country,  in  the  Govern- 
ment of  the  other,  upon  the  same  terms  as  are  usual  and  customary 
with  the  citizens  of  the  country  where  the  court  is  established,  are 
important  in  order  to  secure  to  the  inhabitants  of  both  countries  their 
proper  rights,  and  provide  for  the  numerous  cases  that  daily  arise. 

The  15th.  16th.  17th.  and  18th.  articles  provide  for  the  admission 
reception  and  government  of  consuls  and  vice  consuls. 

The  19th.  and  20th.  articles  provide  for  the  suppression  of  hostili- 
ties among  the  various  tribes  of  Indians,  resident  upon  the  western 
frontier,  and  for  the  return  of  captives  taken  by  the  Indians  of  one 
country,  and  carried  into  the  territory  of  the  other.  These  provis- 
sions  are  the  same,  as  have  heretofore  existed  between  Texas  and  the 


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148  AMERICAN  HISTORICAL  ASSOCIATION. 

United  States,  and  which  have  been  productive  of  great  mutual  benefit 
to  both  countries.  Interest  and  justice  to  the  citizens  of  both  coun- 
tries, as  well  as  humanity  to  the  Red  man  demand  their  ratification. 

The  21st.  article  provides  for  the  apprehension  of  the  criminals  of 
one  country,  who  have  fled  to  the  territory  of  the  other.  National 
justice,  as  well  as  the  interests  of  humanity,  calls  for  such  a  regula- 
tion. By  its  ratification  my  own  country  will  be  enabled  to  repel 
an  imputation,  which  has  heretofore  been  made,  and  which  was  as 
false  as  it  was  unfounded. 

The  last  article  provides  the  manner  of  its  ratification. 

I  have  thus  briefly  noticed  some  of  the  leading  features  of  this,  the 
first  treaty  of  navigation  and  conmierce,  which  has  been  concluded 
between  the  United  States,  and  the  Republic  of  Texas.  Taken  in 
detached  parts  some  of  its  provissions  may  present  some  inequalities — 
taken  as  a  whole  it  may  be  considered  perhaps  as  equal,  under  all  the 
circumstances,  and  relative  situation  of  the  two  countries,  as  could 
be  expected.  Should  any  of  its  leading  features  be  rejected,  I  am 
satisfied  that  the  fragments  would  not  be  worth  preserving.  Should 
it  be  ratified  as  a  whole,  I  feel  confident  it  will  advance  the  mutual 
interest  of  both  nations.  The  trade  of  Texas  will  be  thrown  into  that 
channel  in  which  the  citizens  of  Texas  desire  it  should  go.  The  United 
States  will  have  secured  the  trade  of  a  growing  and  rapidly  increasing 
market,  which  will  prove  a  source  of  wealth  to  their  merchants, 
producers  and  manufacturers,  and  a  profitable  and  lucrative  employ- 
ment to  their  shipping. 

I  have  the  honor  to  be  with  high  consideration 
Your  very  Obedient  Servant 

(Signed)  Isaac  Van  Zandt 


Van  Zandt  to  Jones.'* 


Porter  to  Webster.* 


Eve  to  Webster.* 


Van  Zandt  to  Jones.** 


Webster  to  Eve.* 


a  Mafch  15, 1843.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
t  March  15, 1843.    See  Eve  to  Jones,  April  13, 1S43  (first  in  order  of  this  date). 
e  March  16, 1843.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
d  March  16,  1843.    There  were  two  letters  of  the  same  date.    For  both  see  Calendar  of  Correspandenoa 
with  the  United  States  in  Part  I. 
«  March  17. 1843.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 


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cotle^pondence  with  the  united  states.  149 

Green  to  Eve.'* 


Van  Zandt  to  Websteb.* 


Mexican  Proposition  for  Peace  made  through  James  W. 

Robinson.*' 


Van  Zandt  to  Jones. 
Dispatch 
No.  98.  Legation  of  Texas 

Washington  City 

April  6th.  I84S 
Honorable,  Anson  Jones 

Secretary  of  State. 
Sm 

In  my  dispatch  to  your  Department  of  the  13th.  ultimo,  in  alluding 
to  the  amendments  made  to  the  treaty,  by  the  Senate  of  the  United 
States,  I  expressed  the  opinion,  that,  if  a  proper  course  were  pursued 
by  oilr  people  at  home,  confidence  would  again  be  restored  in  this 
country,  and  at  the  next  session  of  Congress  we  might  have  reason  to 
hope  that  the  treaty  would  be  ratified  in  its  original  shape,  and  that, 
therefore,  the  Senate  of  Texas  should  not  act  again  upon  the  matter, 
until  the  Senate  here  had  had  an  opportunity  to  revise  its  decission. 
So  far  as  the  course,  proper  to  be  pursued,  was  alluded  to,  as  men- 
tioned above,  I  am  now  of  opinion  that  I  was  partially  in  an  err^r, 
and  that  the  Senate  here  will  take  no  action  upon  the  same,  until  the 
treaty  has  been  submitted  to  the  Senate  of  Texas,  with  a  view  to  its 
concurrence  in  the  amendments  proposed.  Should  the  Senate  of 
Texas  refuse  to  concur,  my  present  impression  is  that  a  new  convention 
will  have  to  be  formed,  of  this  however  I  will  speak  at  another  time, 
my  present  object  being  to  coiTect  the  error  of  my  former  hasty 
suggestion,  which  was  not  properly  scrutinized  at  the  time  it  was 
indited.  While  on  this  subject,  I  will  state  for  your  information  that 
a  few  days  since  it  was  made  known,  to  me,  by  a  gentleman  who 
represents  himself  as  being  the  holder  as  well  as  the  agent  of  others 
who  are  holders  of  a  large  amount  of  Texas  treasury  notes,  (this 
gentleman  was  introduced  to  me  by  a  letter  from  Mr.  Webster)  that 
these  holders,  of  our  liabilities,  intended  to  call  upon  the  Grovemment 
of  the  United  States  to  require  of  the  Grovemment  of  Texas  to  make 
some  provission,  for  the  liquidation  of  their  claims,  or  some  arrange- 
ment, by  which  these  notes  should  be  receivable  again,  as  heretofore 

a  March  17, 1843.    See  Eve  to  Jones,  Aprfl  28, 1843. 

b  March  23, 1843.    See  Van  Zandt  to  Jonesf  April  5, 1843. 

e  March  27, 1843.    See  Jones  to  Van  Zandt,  May  8, 1843. 


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150  AMERICAN  HISTORICAL  ASSOCIATION. 

for  public  dues,  at  certain  stipulated  periods  of  time,  say,  one,  two, 
three,  and  four  years.  This  gentleman  further  stated  to  me  that  he 
had  made  a  written  communication,  to  the  Secretary  of  State,  upon 
this  subject,  which  was  submitted  to  Mr.  Archer,  chairman,  of  the 
Committee  on  Foreign  Relations,  being  the  same  to  which  I  alluded  in 
a  former  dispatch.  He  also  stated  that  he  had  lately  called  the 
attention  of  Mr.  Webster,  and  several  Senators  to  this  subject,  all  of 
whom,  he  said,  concurred  with  him,  that  should  another  treaty,  or 
convention  be  concluded  between  the  two  Governments,  such  treaty, 
or  convention  ought  to  contain  a  stipulation,  for  the  adjustment  of 
these  liabilities.  In  reply  to  these  remarks,  I  said,  to  the  gentleman, 
that  I  had  no  instructions  from  my  Govemident  upon  this  subject, 
but  if  I  had,  of  course,  I  could  take  no  oflBcial  notice  of  his  propositions, 
unless  the  same  were  presented  to  me  through  his  Government,  but  as 
a  private  citizen,  of  Texas,  I  would  say  that  while  that  Government 
felt  every  disposition  to  meet  its  liabilities,  at  the  earliest  day  possible, 
I  felt  very  certain  that  such  a  provission,  as  had  been  intimated,  by 
him,  neither  could,  nor  would  be  adopted.  He  then  desired  to  know 
of  me,  if  I  would  have  any  objection,  to  his  making,  to  me,  a  written  . 
communication,  in  relation  to  this  subject.  I  replied  that  he  could 
do  so,  if  he  thought  proper,  and  that  any  communication,  which  he 
might  make  to  me,  I  would  take  pleasure  in  submitting  to  my  Govern- 
ment, for  its  consideration.  He  then  said,  on  leaving,  that  I  should 
hear  from  him  soon. 

If  the  communication  be  made  I  will  forward  it  to  your  Depart- 
ment as  soon  as  received.  No  allusion  has  been  made,  to  this  subject, 
by  Mr.  Webster,  in  any  of  our  late  conversations,  but  I  thought  it 
proper  to  give  you  the  substance  of  the  foregoing  conversation,  some- 
what in  detail  that  you  might  form  your  own  conclusions  therefrom. 

On  the  23rd.  ultimo,  I  addressed,  to  Mr.  Webster,  a  communication, 
upon  the  subject  of  our  Mexican  relations,  enclosing  copies  of  the 
orders  given  to  Genl.  Somervell,  and  the  narative  of  A.  Neill  Esq., 
which  I  had  received  from  your  Department.  I  herewith  send  you 
a  copy,  of  the  communication  refered  to.  The  objects,  of  which,  as 
you  will  perceive,  were  to  correct  the  erroneous  impressions,  which 
had  been  made  here,  in  relation  to  the  late  movements  of  the  Grovem- 
ment  of  Texas,  and  to  place  it  in  its  proper  light;  and  to  again  impress 
upon  the  Government,  of  the  United  States,  the  propriety,  of  a  prompt 
and  eflBcient  interposition  upon  their  part,  in  arresting  the  war 
between  Mexico  and  Texas;  and  to  secure  a  proper  treatment  to 
those  of  our  countrymen  whom  the  fortunes  of  war  had  placed,  as 
prisoners,  in  the  power  of  Mexico.  In  relating  the  details,  of  the 
treatment,  which  had  been  extended  by  Texas,  to  those  Mexicans 
whom  she  had  taken  prisoners,  and  the  contrast  which  had  been 
presented  by  Mexico,  in  the  infliction  of  numerous  outrages,  upon 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  151 

our  citizens,  who  had  been  captured  by  her,  I  have  copied  principally 
the  language  used  in  my  instructions,  from  your  Department,  believ- 
ing them  to  present  the  facts  in  their  clear  and  most  forcible  light. 
Up  to  the  present  time  I  have  received  no  reply  to  this  communica- 
tion. Mr.  Webster  is  now  absent  for  a  few  days  on  a  visit  to  Boston. 
At  Mr.  Webster's  request  I  gave  him  a  copy  of  the  letter  of  the  French 
Charg6  de'  Affaires  to  your  Department. 

In  your  Dispatch  to  me  of  February  16th.  you  make  the  following 
remark,  in  reply  to  my  Dispatch  number  95,  which  had  been  received 
at  your  Department,  viz.  ''I  was  somewhat  surprised  at  that  part  of 
your  communication  number  95,  where  you  expressed  the  opinion 
that  this  Department  had  acted,  in  probable  ignorance  of  the  fact, 
that  the  treaty,  between  Mexico  and  the  United  States,  so  far  as 
Texas  was  concerned,  had  been  ended  in  all  things  relating  to  navi- 
gation and  conmierce,  by  a  notice  given  to  the  United  States,  in 
accordance  with  the  34th  article  of  said  treaty;  and  I  am  at  a  great 
loss  to  understand  to  what  particular  acts  you  allude."  In  order  that 
you  may  know  upon  what  my  opinion  was  founded,  I  would  respect- 
fully call  your  attention  to  the  following  extract,  from  a  Dispatch 
received  from  your  Department,  of  August  the  19th.  1842,  viz.  "The 
right,  of  Texas,  to  require  this  prohibition,  on  the  part  of  citizens  of  the 
United  States,  is  clearly  deducible  from  the  33rd.  article  of  the  treaty, 
of  Amity,  navigation,  and  commerce,  concluded  etc."  In  the  following 
paragraph  you  say  "This  treaty  is  in  full  force.  Texas  was,  at  the 
time  it  was  concluded,  a  component  part  of  the  Mexican  confederacy. 
She  has  never  repudiated  the  treaty,  nor  disregarded  its  provisions 
etc.  etc."  An  examination,  of  these  extracts,  I  am  sure,  will  lessen 
your  surprise,  and  I  think  convince  you  that  they  furnish  sufficient 
grounds  for  the  suggestion,  or  the  opinion,  which  was  expressed  by 
me,  in  my  Dispatch  No.  95.  I  concur  with  your  Department,  upon 
further  examination,  that  the  provission,  in  relation  to  Indians,  con- 
stituting one  of  the  features  of  amity  embraced  in  the  treaty,  is  yet 
in  force,  but  in  the  dispatch  of  Your  Department,  of  the  19th.  of 
August,  your  remarks  are  not  confined  to  the  provission  of  amity; 
you  say  in  imequivocal  terms ' '  This  treaty  is  yet  in fuU force ' ' .  Another 
fact  I  will  state,  which  strengthened  the  opinion,  which  I  expressed, 
it  is  this,  that  no  measures  had  been  taken  to  enforce  that  provission 
of  our  revenue  laws,  which  provides  that  an  additional  duty  of  five 
per  cent  shall  be  levied,  upon  all  articles  shipped,  or  imported  in  for- 
eign bottoms,  with  the  exception  of  those  foreign  vessels,  which  by 
treaty  or  act  of  congress,  are  permitted  to  enter,  on  the  payment  of 
domestic  duty.  If  then,  there  exists  no  treaty  stipulations,  in  regard 
to  navigation  and  commerce  between  the  two  coimtries,  I  am  at  a 
loss  to  know  why  this  additional  restriction  has  not  been  enforced, 
against  the  commerce  of  the  United  States.    The  fact,  that  the  same 


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152  AMERICAN  HISTORICAL.  ASSOCIATION. 

has  not  been  enforced,  certainly  affords  grounds  for  the  suggestions 
which  I  made.  I  am  aware  that  the  collection  of  the  revenue  is  not 
under  the  control  of  your  Department,  but  at  the  same  time  it  was 
to  be  presumed  that  so  important  a  fact,  as  that,  could  not  have 
escaped  your  attention.  In  making  the  suggestion,  that  it  was  prob- 
ably unknown  to  your  Department  that  the  notice  to  terminate  the 
treaty  had  been  given  to  the  United  States,  it  was  not  my  intention 
or  wish  to  impute  '' Ignorance' '  to  your  Department,  (that  is  the  word 
used  by  you,)  but  knowing  the  fact  that  the  records  of  your  Depart- 
ment were  at  Austin,  and  that  it  was  impossible  for  you  to  refer  to 
them,  I  thought  it  probable  that  the  same  might  have  escaped  your 
notice.  This  I  hope  will  suflBciently  disclose  the  causes  which  led 
me  to  make  the  remarks  alluded  to  by  you  in  your  dispatch  of  the 
16th.  of  February  last,  and  satisfy  you  of  their  then  apparent  pro- 
priety. 

a*  «  «  :|e  *  ♦  ♦ 

I  will  write  to  you  again,  in  the  course  of  next  week,  by  which  time, 
I  hope  to  be  enabled  to  communicate  to  you  the  determination  of 
this  Government,  upon  the  subject  of  interposition. 
I  have  the  honor  to  be  with  high 

regard  Your  Obedient  Servant 

Isaac  Van  Zandt 


fCopy.)  (ICr.  Van  Zandt  to  Mr.  Webster.) 

Legation  of  Texas, 
Washington  City  March  83rd,  I84S 
The  undersigned,  charge  de  Affares,  of  the  Republic  of  Texas,  had 
the  honor,  on  the  14th.  of  December  last,  to  lay  before  Mr.  Webster, 
Secretary  of  State,  of  the  United  States,  and  invite  his  attention 
to  the  character  of  hostilities  waged  by  Mexico  against  Texas,  which 
was  believed  to  be  violative  of  those  rules  of  civilized  warfare,  which 
had  received  the  impress  of  wisdom,  and  been  sanctioned  by  the 
ennobling  and  enlightened  principles  of  humanity;  invoking  at  the 
same  time  the  interposition,  of  the  Government  of  the  United  States, 
to  arrest  the  same.  Subsequent  to  the  date,  of  the  communication 
just  alluded  to,  in  a  personal  interview,  the  undersigned  was  informed 
by  Mr.  Webster  that  the  same  had  been  submitted  to  His  Excellency, 
the  President,  of  the  United  States,  who  had  given  it  a  favorable 
consideration;  and  that  it  was  the  intention  of  his  Government  to 
seize  the  earliest  favorable  opportunity  to  make  a  representation 
upon  the  subject,  to  the  Mexican  Government.  On  the  2nd.  ultimo, 
the  undersigned  had  the  honor  to  receive  the  note  of  Mr.  Webster 

a  Here  follows  a  list  of  the  books  and  other  property  of  the  legation. 


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COBBBSPONDENCE  WITH  THE  UNITED  STATES.  153 

in  reply  to  his,  by  which  he  was  informed  that  a  copy,  of  his  communi- 
cation, of  the  14th.  of  December,  had  been  communicated  to  the 
Minister  of  the  United  States  at  Mexico,  with  instructions  from  the 
Department  of  State  in  relation  thereto,  the  nature  of  which  was 
not  intimated.  Since  this  reply,  in  an  interview  had  at  the  Depart- 
ment of  State,  the  undersigned  was  informed  by  Mr  Webster  that 
the  late  movements  of  the  forces  of  Texas,  having  exhibited  an  appar- 
ent inconsistency  with  the  principles,  which  the  Government  of 
Texas  had  avowed  should  govern  its  action;  and  partaking  of  that 
character  of  warfare,  against  which,  it  had  protested,  and  which 
the  interposition  of  the  United  States  had  been  invoked  to  arrest; 
that,  therefore,  his  Government  would  necessarily  be  constrained 
to  suspend  the  measures,  which  it  had  designed  to  take,  and  which 
it  would  have  deemed  proper  to  adopt  towards  the  contending 
parties.  The  undersigned  listened  with  much  regret  to  the  opinion 
thus  expressed,  and  though  conscious  of  the  incorrectness,  or  the 
imperfect  view  of  the  data,  upon  which  this  conclusion  was  foimded, 
yet,  for  want  of  authentic  information,  the  undersigned  was  then 
unable  to  present  a  full  statement  of  the  facts,  which  would  explain 
the  nature  of  these  movements,  and  vindicate  his  Government  from 
the  supposed  inconsistency.  The  undersigned  has  now  the  grati- 
fication to  make  known  to  Mr.  Webster,  that  he  has  received,  from 
his  Government,  oflBcial  information  of  the  causes,  which  gave  rise 
to  the  campaign,  and  the  orders  and  instructions  given  to  Brig-Gen 
Somervell  for  its  prosecution,  to  all  of  which  the  attention  of  Mr. 
Webster  is  most  respectfully  invited,  with  the  fullest  confidence  that 
they  will  show  that  the  Government  of  Texas  has  not  abandc^ned 
its  former  ground,  nor  given  its  sanction  to  any  act,  at  variance 
with  its  previous  declarations. 

In  my  communication,  refered  to,  of  the  14th.  December  last, 
it  was  made  known  to  Mr.  Webster,  that  in  the  course  of  that  year, 
no  less  than  three  predatory  marauding  incursions,  to  Texas,  by 
Mexican  soldiery,  had  been  made,  under  the  orders  of  the  Govern- 
ment of  Mexico.  Our  peaceful  citizens  have  been  plundered,  by  their 
troops  in  some  instances,  in  others  captured  and  imprisoned,  and 
again,  in  others  murdered,  with  the  most  savage  inhumanity,  in 
cold  blood.  On  account  of  these  injustifiable  enormities  and  cruel- 
ties, inflicted  upon  our  people,  a  feeling  was  aroused  throughout 
the  country,  which  caused  an  assemblage  of  a  large  number  of  our 
citizens  at  Gonzales,  one  of  our  western  towns,  in  the  month  of 
October  last,  determined  to  avenge  the  injuries  and  murders,  which 
had  been  committed  upon  their  friends.  From  the  indications  that 
were  given,  the  President  became  satisfied  that  the  people,  of  the  coun- 
try, were  exasperated  to  a  degree,  which  it  would  be  at  least  diffi- 
cult to  restrain,  even  should  propriety  require  it  to  be  done.    Under 


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154  AMERICAN  HISTORICAL  ASSOCIATlOlf. 

this  conviction  Brig-Gen  SomerveU,  of  the  Texas  militia,  within  the 
limits,  of  whose  Brigade  the  citizens  had  assembled,  was  ordered  to 
assume  the  command,  and,  in  case  a  suitable  force  should  muster 
into  service,  to  pursue  the  enemy  across  the  Rio  Grande,  for  the  pur- 
pose of  chastising  them;  observing  in  every  case  the  rules  of  civi- 
lized warfare,  and  exercising  great  humanity  towards  the  common 
people. 

For  the  further  information  of  Mr.  Webster  upon  this  subject, 
the  undersigned  has  the  honor  herewith  to  transmit  copies,  of  all 
the  orders  given  by  the  President  and  Secretary  of  War  of  Texas, 
to  Brigr.  Gen  Somervell,  for  the  conduct  of  the  campaign.  (See 
copies  of  orders  addressed  to  Gen  SommerveU.*)  Under  these  orders, 
the  army,  about  seven  hundred  strong,  Was  organized  by  Brg.-Gen 
Sommervell,  and  marched  from  the  Medina  on  the  25th.  of  Novem- 
ber last,  in  the  direction  of  Laredo,  at  which  place  it  arrived  and 
[which  it]  took  possession  of,  without  resistance,  on  the  8th.  of  the 
succeeding  month;  the  troops  stationed  there  having  fled  with  pre- 
cipitation, on  the  approach  of  Gen  Somervell.  From  this  place, 
a  part,  of  the  men,  about  200,  returned  home;  the  remainder,  under 
Gen  Somervell,  marched  on  the  10th.  from  Laredo  and  crossed  the 
Rio  Grande  near  Guerrero  on  the  14th.,  in  the  presence  of  GenCanales, 
who,  with  about  400  men,  was  stationed  on  the  opposite  side  of 
the  river.  Gen.  Canales,  with  his  forces,  immediately  fled,  and  the 
town  of  Guerrero  surrendered.  On  the  18th.,  the  army  repassed 
the  river  in  safety,  and  on  the  19th.  Gen  Somervell,  not  deeming  it 
prudent  to  remain  longer,  and  being  in  want  of  provissions,  clothing 
and  ammunition,  concluded  to  return.  The  order  was  then  given 
to  return  to  Gonzales,  and  the  march  was  accordingly  commenced, 
by  about  two  hundred  men,  who  returned  to  their  homes.  The 
balance  remained  in  camp,  and  having  elected  Wm.  S.  Fisher  com- 
mander, in  violation  of  Gen  Somervell's  order,  recrossed  the  Rio 
Grande,  and  entered  the  town  of  Mier  on  the  23rd,  On  the  24th., 
a  smart  skirmish  ensued  between  this  party  and  a.  Mexican  force, 
when  the  latter  were  repulsed  with  loss.  On  the  25th  they  were 
attacked  at  day  Ught,  by  about  1500  men,  and  after  having  fought 
very  gallantly  until  ten  o'clock,  a  parley  ensued,  and  they  were 
induced,  by  assurances  that  large  reinforcements,  of  Mexicans,  were 
at  hand,  and  promises  of  safety,  to  surrender  under  stipulated 
articles. 

Throughout  the  whole  march,  of  the  forces,  while  under  the  com- 
mand of  the  properly  authorized  commander  of  the  expedition, 
every  individual  act  of  impropriety  or  violence,  upon  the  property 
of  the  peaceful  Mexican  citizens,  was  restrained,  when  it  was  possible 

a  These  are  all  published  in  the  Hotue  JounuU  7th.  Tex  Cong.    See  Calendar  of  Correspondence  wltH 
MexioD. 


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COERESPONDENCE  WITH  THE  TTKITED  STATES.  155 

to  be  done,  or  punished  if  committed.  Private  property  and  per- 
sonal rights  were,  in  every  possible  instance,  secured  to  the  enemy's 
citizens,  and  none  were  taken  prisoners. 

The  objects  of  the  Government,  it  will  thus  be  seen,  were  legiti- 
mate— the  pursuit  and  chastisement  of  the  enemy.  The  orders, 
given  for  the  Government  of  the  campaign,  and  every  act,  done  in 
pursuance  of  those  orders,  and  with  the  sanction  of  tlie  constituted 
commander,  of  the  expedition,  if  submitted  to  the  severest  scrutiny, 
the  undersigned  confidently  beUeves  will  show  that  his  Government 
has  not  abandoned,  nor  departed  from  the  high  policy,  which  it  had 
avowed  its  determination  to  pursue. 

The  undersigned  is  aware  that  his  Government,  in  asserting  the 
rights,  acknowledged  to  belong  to  civilized  nations,  and  the  princi- 
ples, which  should  govern  them,  in  their  mode  of  warfare  towards 
their  enemies,  should  give  assurances,  of  a  strict  observance  of  those 
rights  and  principles,  itself.  That  it  has  always  observed  them 
heretofore,  the  history  of  our  revolution,  abundantly  proves;  and 
the  imdersigned  is  instructed  to  assure  the  Government  of  the  United 
States,  that  any  departure,  from  these  principles,  should  it  be  at- 
tempted, will  not  be  sanctioned  by  his  Grovemment.  That  there  will 
be  lawless  persons  in  every  community,  who,  setting  laws  and  author- 
ity at  defiance,  persist  in  a  violation  of  good  order  and  propriety  is 
certainly  true.  In  a  country  like  Texas,  whose  civil  Institutions 
have  not  been  matured  by  time,  and  by  the  enjoyment  of  peace  and 
national  tranquihty,  whose  citizens  are  liable  to  strong  excitements, 
and  driven  to  desire  vengeance  and  retaliation,  upon  an  enemy,  with 
whom  that  country  is  at  war,  and  from  whose  soldiery  the  most 
wanton,  flagrant  and  cruel  injuries  have  been  long  received  and 
endured,  and  whose  inhuman  acts  have  been  sanctioned,  by  the 
Grovemment  of  Mexico,  it  is  but  natural  to  suppose,  that  some 
irregularities  will  occur,  and  that  attempts  will  be  made  at  retaUa- 
tion,  by  individuals  suffering  from  the  consequences  of  such  wrongs 
and  injuries.  These  acts  of  individuals,  though  in  a  great  degree 
excusable  under  such  peculiar  circumstances,  should  not  be  imputed 
to  their  Grovemment. 

The  undersigned  would  then  again  repeat,  that  his  Gk)vemment 
will  not,  in  any  instance,  depart  from  the  principles,  which  it  has 
avowed  to  the  world — principles,  which  form  the  basis  of  all  national 
respectabihty,  and  which  holds  together  the  fabric  of  the  moral 
universe. 

It  is  tme,  Texas  may  be  driven,  by  paramount  necessity,  to  the 
pursuance  of  a  retaliatory  war  with  Mexico,  of  the  character,  which 
that  Government  has  so  long  pursued  against  her;  but  when  she 
does  so,  that  same  necessity  will  be  abundantly  apparent,  and  justify 
her  in  the  opinions  of  mankind. 


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156  AMEBICAN  HISTORICAL  ASSOCIATIOlJ. 

The  undersigned,  believing  that  the  foregoing  facts,  in  relation  to 
the  campaign,  under  Brigr  Gen  Somervell,  will  sufficiently  justify 
the  acts  of  his  Grovernment,  and  place  the  same  in  a  proper  light, 
avails  himself  of  this  occasion  to  again  respectfully  invite  the  atten- 
tion of  Mr  Webster,  to  the  recent  and  continued  outrages,  committed 
by  Mexico,  upon  the  persons  and  lives  of  our  citizens,  who  have 
been  taken  prisoners,  in  the  predatory  and  marauding  incursions 
made  upon  our  territory,  and  on  other  occasions;  which  it  is  believed 
are  of  such  a  character  as  to  demand,  of  those  civilized  nations,  who 
have  acknowledged  the  independence  of  Texas,  and  whose  citizens 
are,  in  many  instances,  the  participants  of  these  outrages,  a  prompt 
and  efficient  interference,  for  the  purpose  of  arresting  them.  In 
doing  so,  and  for  the  purpose  of  exhibiting  more  fully  the  course, 
which  has  been  pursued  by  both  countries,  since  the  commencement 
of  hostiUties  between  them,  the  undersigned  would  beg  the  indulgence 
of  Mr.  Webster  while  he  presents  a  brief  history  of  their  conflicts, 
together  with  the  manner  of  treatment,  which  has  been  extended  to 
prisoners,  who  have  fallen  into  the  power  of  either  of  the  contending 
parties. 

The  inhuman  butcheries,  committed  upon  our  citizens,  whom  the 
fortune,  of  war,  had  placed  in  the  power  of  Mexico  in  1835  and  '36, 
produced  a  feeling  of  horror,  from  which  civilized  humanity  has  too 
recently  recovered  to  have  forgotten  them.  The  names,  of  Grant, 
Ward,  King,  Travis  and  Fannin,  present  to  the  recollections  of  all, 
who  have  read  the  details,  of  our  early  struggles  for  freedom,  correspond- 
ing instances  of  inhuman  and  cold  blooded  murders,  committed 
upon  helpless  prisoners — of  violations  of  faith  and  of  perfidy,  on 
the  part  of  Mexico,  that  are  in  striking  contrast  with  the  forbearance 
and  humanity,  which,  from  the  commencement  of  the  war  in  1835, 
up  to  the  present  time,  has  characterized  the  course  of  Texas  in  its 
prosecution. 

In  December  1835,  the  town  and  fortress,  of  San  Antonio  de  Bexar, 
were  beseiged  by  the  Texian  Army,  under  the  command  of  Col  B.  R. 
Milam;  and  Gen  Martin  Perfecto  de  Cos,  Commander  in  Chief  of 
the  Eastern  Internal  Provinces  of  Mexico,  surrendered  himself  and 
about  1500  men  prisoners  of  war,  by  articles,  of  capitulation,  signed 
on  the  10th.  of  that  month.  The  conditions,  of  this  surrender,  were 
faithfully  observed  by  Texas;  and  Gen  Cos,  with  all  his  officers,  and 
the  men  under  his  command,  was  permitted  to  return  to  Mexico 
upon  parole — their  persons  and  property  being  in  every  respect  safe 
and  inviolate. 

On  the  21st  of  April  Gen  Santa  Anna  then  President  of  Mexico,  and 
Commander  in  Chief  of  the  Army  of  Operations  against  Texas  was 
met  and  defeated  at  San  Jacinto.  The  President-Greneral  and  Seven 
himdred  and  fifty  Officers  and  men  surrendered  themselves  at  discre- 


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OOBBBSPONDENCB  WITH  THE  UNITED  STATES.  157 

tion  and  on  their  knees  implored  that  mercy  which  they  had  so 
recently  denied  to  those  unfortmiate  men  who  fell  into  their  power 
at  Groliad  and  the  Alamo.  These  prisoners  had  forfeited  every  claim 
to  the  mercy  they  sought,  having  been  engaged  in  waging  a  war  of 
extermination  ^and  giving  neither  quarter  to  the  vanquished  nor 
observing  the  faith  they  had  promised  by  solemn  compact  to  those 
who  siurrendered  with  Col  Fannin  and  others;  aH  of  whom  (with  the 
exception  of  the  medical  men  whose  services  were  required  for  their 
own  wounded)  were  massacred  by  order  of  Gen  Santa  Anna.  Gten 
Cos  who  was  taken  a  prisoner  with  the  rest,  had  doubly  forfeited  his 
life,  having  violated  the  parole  he  had  given  at  San  Antonio  the 
December  previous,  and  subsequently  engaged  in  an  unauthorized 
mode  of  warfare:  But  notwithstanding  all  these  powerful  incentives 
to  a  just  vengeance,  and  the  then  recent  distresses  which  the  Mexican 
army  had  brought  upon  the  whole  country,  the  Uves  of  all  these  pris- 
oners were  generously  spared — they  were  supported  at  the  expense  of 
the  Government — were  kindly  treated  in  every  respect — the  woimded 
and  sick  had  the  best  medical  attention  and  the  most  assiduous  care, 
and  all  who  wished  it  were  sent  home  to  their  own  country.  As  an 
evidence  of  the  humanity  with  which  they  were  treated,  reference  is 
made  to  the  fact  that  many  of  these  prisoners  chose  to  remain  in  the 
country  and  continue  in  it  up  to  the  present  day. 

Gren  Filisola  and  the  troops  under  his  command  fled  from  the  coun- 
try immediately  after  the  battle  of  San  Jacinto  in  the  utmost  confusion 
and  dismay,  and  although  they  could  have  been  cut  up  by  our  army 
the  hand  of  vengeance  was  withheld;  and  in  strict  fulfillment  of  the 
promise  made  this  General  with  his  troops  was  permitted  to  leave  the 
country  undisturbed.  His  oflBcial  report  to  his  own  nation  and  the 
defence  which  he  published  to  the  world  in  justification  of  his  precipi- 
tate retreat  clearly  prove  the  truth  of  the  above  statement  in  relation 
to  him. 

The  President  of  Mexico,  Gen  Santa  Anna  was  treated  with  every 
possible  respect  and  kindness  and  with  all  the  forbearance  consistent 
with  his  safe  keeping  as  a  prisoner  of  war:  and  was  finally  sent  to  the 
city  of  Washington  agreeably  to  his  own  soUcitation,  imder  an  escort 
of  three  distinguished  officers  and  at  the  pubUc  expense,  from  which 
place  he  returned  safely  to  Mexico. 

The  sparing  the  Uves  of  these  prisoners  and  the  indulgences  ex- 
tended to  them  was  a  voluntary  act  on  the  part  of  Texas:  and  their 
final  release  and  restoration  to  liberty  an  act  of  humanity  and  mercy. 
The  obligations  which  these  impose  upon  civiUzed  man  were  the  only 
ones  which  my  Government  was  under  towards  these  captive  enemies; 
while  justice  if  her  stern  mandates  had  been  obeyed  would  have 
required  their  execution  or  at  least  that  of  their  leaders. 


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158  AMERICAN  HISTORICAL  ASSOCIATION. 

The  course  of  Mexico  towards  the  citizens  of  my  Government  who 
have  fallen  into  her  hands  has  been  of  a  character  wholly  at  variance 
with  this  conduct  on  our  part  as  will  be  seen  by  the  following  state- 
ment of  facts. 

Passing  over  the  massacres  of  our  citizens  in  1835  and  6  which  M*e 
already  sufficiently  known  and  are  alluded  to  in  a  former  part  of  this 
communication,  this  detail  will  be  confined  to  transactions  of  a  recent 
date. 

A  party  of  peaceful  traders  and  others  sent  out  to  Santa  F6  in  the 
latter  part  of  1841  consisting  of  about  325  men  were  induced  to  sur- 
render themselves  prisoners  of  war  to  the  troops  under  command  of 
Gov  Armijo.  Articles  of  capitulation  were  agreed  to  and  signed  by 
the  two  parties,  by  which  the  Texians  were  promised  security  of  per- 
sons and  individual  property,  kind  treatment  and  speedy  restoration 
to  perfect  liberty.  But  no  sooner  had  they  laid  down  their  arms,  than 
they  were  indiscriminately  plundered  of  every  article  of  pro{>erty  they 
possessed — their  hats,  shoes  coats  blankets  and  even  their  shirts  taken 
from  them.  Their  arms  were  tied  with  cords  and  they  were  fastened 
together  in  numbers  of  two  or  more  with  raw  hide  and  some  secured 
by  cabristas  <*  to  the  tails  of  Mexican  horses  and  mules.  In  this  con- 
dition, in  the  coldest  of  the  winter  weather,  exposed  to  every  vicissi- 
tude and  inclemency  of  the  climate,  suffering  alternately  from  cold  and 
hunger  and  hourly  insulted  and  abused  by  the  officers  and  soldiers 
in  whose  chM*ge  they  [were]  placed  by  the  Governor  of  Santa  Fe,  they 
were  marched  on  foot  a  distance  of  2500  miles  to  the  city  of  Mexico. 
On  the  way  those  who  failed  from  fatigue  debility  or  sickness  were 
deUberately  murdered,  their  ears  cut  off  and  transmitted  to  Mexico  as 
a  proof  of  the  fidelity  of  the  commanding  officer  of  the  guard  in  the 
fulfillment  of  his  inhuman  orders.  Those  who  survived  the  fatigues 
of  this  long  march  and  arrived  in  Mexico  (with  a  few  exceptions)  were 
confined  in  prisons  at  night  and  in  the  day  were  turned  out,  chained 
together  like  criminals  to  sweep  the  streets  of  the  city.  Their  Uves 
however  were  spared  and  they  were  finaUy  released.  Their  support 
while  in  Mexico  was  derived  principally  from  the  generous  advances 
and  contributions  made  by  foreigners;  and  their  return  home  was 
effected  in  the  same  maimer. 

On  the  11th.  of  September  last  Gen  Adrian  Woll  with  a  force  of 
about  Sixteen. or  seventeen  hundred  men  entered  San  Antonio  de 
Bexar  under  cover  of  a  dense  fog,  early  in  the  morning  and  captured 
fifty  four  citizens  of  that  place.  Herewith  I  transmit  a  copy  of  the 
statement  furnished  to  the  Department  of  State  of  Texas  by  Col 
Andrew  Neill  a  highly  respectable  gentleman  of  Gonzales  who  was 
one  of  the  number  captured  by  Gen  Woll  while  attending  as  a  lawyer 
to  his  duties  at  the  circuit  Court  then  in  session  and  who  has  since 

a  Uair  ropes. 


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CORBBBPONDENCB  WITH  THE  UlflTBD  STATES.  159 

effected  his  excape  and  returned  to  Texas.  His  statement  is  entitled 
to  entire  credit  and  by  its  perusal  Mr.  Webster  will  be  able  to  derive 
an  accurate  and  complete  detail  of  all  the  transactions  connected  with 
the  treatment  of  the  prisoners  made  by  Gen  WoU,  which  appears  to 
have  been  similar  to  that  extended  to  the  Santa  F6  prisoners  except 
that  their  ultimate  fate  is  yet  unknown.     (See  A.  NeUl's  statement.)* 

On  the  25th.  of  December  last  a  force  of  Texians  commanded  by 
Col  Wm  S.  Fisher  amounting  to  about  250  men  surrendered  them- 
selves prisoners  of  war  to  Generals  Ampudia  and  Canales  of  the  Mex- 
ican Army  at  the  town  of  Mier,  under  articles  of  capitulation,  the 
terms  of  which  are  not  precisely  known.  From  the  inhuman  treat- 
ment heretofore  inflicted  upon  our  prisoners,  it  is  much  to  be  feared 
that  Gen  Santa  Anna  or  those  acting  by  his  influence  or  orders  will 
sacrifice  the  lives  of  these  unfortunate  men  upon  the  pretext  that 
they  were  not  acting  at  the  time  under  the  orders  of  the  Texian 
Government,  or  some  other  plea.  It  will  be  observed  however  that 
although  the  men  may  be  all  murdered  who  were  taken  prisoners 
imder  Col  Fisher,  yet  some  few  have  escaped  who  can  estabUsh  the 
fact  beyond  a  doubt  that  articles  of  capitulation  were  signed,  and 
that  the  men  were  promised  kind  treatment  and  all  the  rights  of 
prisoners  of  war.  This  being  the  case  it  cannot  be  material  to  the 
question  which  may  be  brought  to  an  issue  between  them  and  the 
Government  of  Mexico  whether  they  were  acting  under  the  immedi- 
ate and  legal  orders  of  the  Government  of  Texas  or  not.  They  were 
prosecuting  an  enterprise  which  the  Government  had  sanctioned — - 
that  of  pursuing  and  chastising  the  enemy  who  had  just  made  a  pred- 
atory incursion  into  our  country  and  by  the  capitulation  and 
promises  made  them  they  acquired  at  least  the  right  to  be  considered 
and  respected  as  prisoners  of  war.  Had  they  been  other  than  lawful 
belligerents  it  could  not  have  been  proper  to  have  entered  into  a 
convention  with  them  for  their  surrender;  consequently  the  Govern- 
ment of  Mexico  is  bound  by  every  obligation  of  law  justice  and 
humanity  to  observe  in  good  faith  the  conditions  of  this  surrender. 
The  capitulation  upon  expl-essed  terms  of  agreement  between  them 
and  their  captors  most  certainly  brought  them  within  the  scope  of 
the  rules  of  civilized  war.  It  is  also  to  be  observed  that  at  the  time 
of  the  capitulation  our  citizens  were  by  no  means  vanquished  but 
might  have  fought  their  way  out  with  much  probabiUty  of  success 
had  not  the  most  solemn  promises  of  kind  treatment  and  security 
for  persons  and  property  been  made  them  by  the  Mexican  commanders 
Generals  Ampudia  and  Canales. 

In  ^ach  of  the  instances  now  before  recited  the  acknowledged  laws 
of  civilized  war  as  well  as  the  principles  of  common  humanity  had 
been  outrageously  violated  by  Mexico.     But  the  capture  and  treat- 

o  See  Jooee  to  Van  Zandt,  February  10, 1SI3. 


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160  AMEBICAN  HISTORICAL.  ASSOCIATION. 

ment  of  the  prisoners  taken  at  Bexar  in  September  last  are  attended 
by  circumstances  of  great  aggravation.  The  Mexicans  entered  the 
town  early  in  the  morning  under  the  cover  of  a  dense  fog  and  without 
any  previous  notification  whatever.  There  were  no  troops  at  this 
point  at  the  time  as  was  well  known  to  Gen  Woll  (he  having  constant 
means  of  information  from  the  place.)  No  necessity  could  there- 
fore have  existed  for  a  General  at  the  head  of  Seventeen  hundred 
men  to  have  taken  the  town  by  surprise  which  only  contained  some 
sixty  private  citizens,  then  quietly  pursuing  their  ordinary  avoca- 
tions; the  most  of  them  being  in  attendance  on  the  District  Court  of 
the  fourth  Judicial  District  then  in  session.  Bexar  is  an  extreme 
frontier  town,  insulated  from  the  rest  of  Texas,  eminently  exposed 
to  attack  from  Indians  or  Mexican  banditti.  Rumors,  as  usual  dur- 
ing the  session  of  the  Court,  had  two  or  three  days  been  afloat  that 
some  enemy,  the  character  of  whicfh  was  unknown  were  hovering 
about  the  place,  and  when  ^  on  the  morning  of  the  11th.  the  citizens 
being  aroused  from  their  beds  by  the  cry  that  the  enemy  were  in 
town  from  a  natural  impulse  rushed  to  their  arms  to  defend  them- 
selves, as  they  had  every  right  to  suppose  from  savages  or  robbers. 
So  soon  however  as  it  was  known  to  be  a  regular  Mexican  force  of 
seventeen  hundred  men  which  had  in  this  extraordinary  and  unusual 
manner  approached  the  place  they  laid  down  their  arms  and  offering 
no  further  resistance  the  town  was  immediately  surrendered.  All 
the  citizens  of  the  place  were  therefore  entitled  to  be  considered  non- 
combattants,  as  they  were  but  a  moment  in  arms;  and  the  time  and 
manner  of  Gen  WoU's  approaching  the  town  were  such  as  to  lead  the 
inhabitants  to  the  beUef  that  the  object  of  the  attack  upon  a  small 
defenseless  town  like  Bexar  must  have  been  plunder  or  assassination, 
which  it  was  clearly  their  right  and  duty  to  resist.  But  the  whole  of 
them  were  forced  to  surrender  as  prisoners  of  war  under  articles  of 
capitulation.  Among  those  thus  taken  prisoners,  was  the  venerable 
and  highly  distinguished  jurist,  the  Hon  Anderson  Hutchinson,  then 
presiding  at  the  Court  in  session,  the  Hon  Mr.  Colquhoun  Senator  in 
Congress  from  Bexar,  the  Hon  Mr.  Maverick  Representative  for  that 
county  and  the  Hon  W.  E.  Jones  Representative  from  Cronzales  and 
many  others  of  our  most  reputable  citizens,*  several  of  whom  were 
taken  from  their  private  houses,  although  they  had  offered  no  resist- 
ance. The  capture  of  these  men  therefore  and  the  forcing"  them  to 
sign  articles  of  capitulation  and  acknowledging  themselves  prisoners 
of  war  when  they  had  only  followed  the  natural  impulse  of  self  defence, 
is  a  most  gross  and  palpable  violation  of  the  plainest  principles  of 

a  If  the  structure  of  this  sentence  had  been  more  carefully  noted  by  its  writer,  he  would  probably  have 
omitted  "when." 
5  For  a  list,  see  Nikt"  RegUter,  LXUI,  178. 


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CORRESPONDENCE   WITH   THE   UNITED  STATES.  161 

civilized  war.  They  were  not  belligerents  and  therefore  not  subject 
to  the  penalties  which  attach  to  belligerents. 

Since  the  capitulation  three  of  these  individuals  have  been  con- 
demned to  death  upon  the  charge  that  they  had  been  in  the  Santa 
Fe  expedition,  viz,  Mr.  George  Van  Ness,  Archibald  Fitzgerald  and 
Thomas  Hancock;  which  sentence  it  is  understood  the  President  of 
Mexico  has  since  commuted  to  ten  years  confinement  in  prison.  Had 
the  sentence  of  death  been  carried  into  execution  upon  these  gentle- 
men it  would  have  constituted  a  most  foul  murder;  and  the  impris- 
onment for  ten  years  is  an  act  of  national  perfidy  and  inhumanity 
against  which  every  principle  of  justice  and  mercy  is  directly  opposed. 
Their  parole  was  not  violated  by  their  being  at  Bexar  when  the  place 
surrendered  nor  had  they  violated  it  by  taking  up  arms  against 
Mexico. 

Mexico  may  urge  in  excuse  for  her  want  of  faith  and  her  inhumanity 
towards  those  of  our  citizens  who  have  been  so  unfortunate  as  to 
fall  into  her  power  that  she  has  not  recognized  Texas  as  an  independ- 
ent nation  and  therefore  has  a  right  to  act  as  she  pleases  in  the 
premises.  But  the  civilized  world  cannot  admit  so  futile  a  reason. 
Texas  is  acknowledged  as  an  independent  power  by  the  principal 
Governments  of  the  world  and  consequently  to  these  Governments 
so  far  as  they  are  concerned  Texas  has  all  the  rights  and  is  bound 
by  all  the  responsibilities  which  can  attach  to  an  independent  and 
sovereign  people. 

The  treatment  which  our  prisoners  have  received  in  all  the  above 
recited  instances  and  which  they  are  now  receiving  at  Perote  and 
other  places  where  they  are  confined  is  as  infamous  as  it  is  imjust. 
It  is  opposed  to  the  principles  of  religion,  to  the  dictates  of  common 
humanity  and  to  every  acknowledged  rule  of  proceeding  between 
civihzed  nations  in  a  state  of  war.  As  such  the  Government  of  Texas 
views  it;  and  she  protests  to  those  Governments  who  have  acknowl- 
edged her  independence  against  the  course  which  Mexico  has  pursued, 
and  calls  upon  them  to  interpose  their  power  in  arresting  it.  They 
are  directly  interested  in  preserving  the  principles  which  all  nations 
claiming  to  be  civilized  have  adopted  for  mutual  observance;  and 
Texas  believes  that  it  is  their  right  as  well  as  their  duty  to  interpose. 
A  prompt  action  in  this  matter  may  save  the  lives  of  more  than  three 
hundred  brave  and  chivalrous  men — an  object  certainly  which  will 
sufficiently  recommend  itself  to  every  generous  and  philanthropic 
heart. 

Mexico  in  her  whole  course  of  conducting  the  war  against  Texas  has 
abundantly  evinced  the  disgraceful  fact,  that  no  treaty  or  convention 
however  solemn  can  bind  her  to  the  observance  of  either  justice 
humanity  or  mercy  and  she  has  thus  denied  those  great  principles 

39728^— VOL  2,  pt  1—11 ^11 


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162  AMEBICAN  HISTORICAL  ASSOCIATION. 

which  hold  together  the  fabric  of  the  moral  Universe.  If  therefore 
other  nations  in  view  of  these  circumstances  and  all  the  facts  now 
before  them  as  well  as  those  herein  contained  ^ould  refuse  their  inter- 
ference in  the  premises  no  other  course  will  be  left  to  Texas  in  the 
future  prosecution  of  the  war  with  Mexico,  than  to  adopt  the  prin- 
ciples of  retaliation  and  to  visit  upon  die  people  of  that  country  the 
evils  and  cruelties  which  have  so  long  been  suffered  by  ours. 

For  the  mass  of  human  suffering  and  misery  which  would  thus  be 
entailed  upon  the  imf ortunate,  the  defenceless  and  the  feeble  my  Gov- 
ernment will  then  stand  acquitted  to  itself,  to  the  world  and  to 
Almjghty  God.  It  remains  to  be  seen  whether  the  civilised  world 
will  look  on  with  indifference  and  witness  so  d]6asUx>us  a  catastrophe. 

These  facts  and  reflections  are  respectively  submitted  to  His 
Excellency  the  Secretary  of  State  of  the  United  States  with  a  firm 
reliance  that  that  Government;  guided  by  that  enlightened  wisdom 
and  respect  for  the  laws  of  humanity  which  so  eminently  distinguish 
itwill  give  to  them  the  consideration  which  iheir  importance  demands; 
and  take  such  action  thereon  as  right  and  justice  may  require. 

The  imdersigned  with  pleasure  avails  himself  of  this  occasion  to 
renew  to  Mr.  Webster  assiu'anoes  of  his  distinguished  consideration. 

(signed)  Isaao  Van  Zandt 

His  Excellency 

Daniel  Webster 

etc  etc  etc 


Van  Zandt  to  Jones.* 


Armstbono  to  Crawford. '^ 


Armstrong  to  Crawford.  ^ 


Eve  to  Jones.'' 

[Inclosed  are  copies  of  Porter  to  Webster,  March  15,  1843,  and  of 
Taylor  to  the  Adjutant  General  of  the  United  States  army,  February 
22,  1843.] 

a  April  5, 1843.    See  CaJendar  of  CorrespoDdenoewilii  the  United  States  io  Part  I. 

b  April  10, 1843.    See  Van  Zandt  to  Jones,  August  15, 1843. 

cCopy  undated,  but  written  soon  after  Armstrong  to  Crawford  of  April  10.  See  Van  Zandt  to  Jones, 
August  15, 1843. 

d  A.  L.  S.,  April  13, 1843  (transmittiog  copy  of  Taylor  to  Adjutant-General,  February  22).  For  this  lettei 
and  indosures,  see  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 


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CORBBSPONDEKCE  WITH  THE  UNITED  STATES.  163 

Eve  TO  JoNBs.* 

Legation  of  the  United  States 

Galveston  April  13th  1843 
The  Honble. 

Anson  Jones 

Secretary  of  State  ofTexa^ 
Sir 

I  am  instructed  by  the  State  department  of  the  United  States  to 
seek  an  early  interview  with  the  Secretary  of  State  of  Texas,  and  ad- 
dress to  him  a  strong,  but  kind  and  friendly  remonstrance,  to  abstain 
on  the  part  of  Texas  from  carrying  on  the  war  (should  it  continue) 
against  Mexico  by  means  of  predatory  incursions,  whither  with  a  view 
to  retaliation  or  otherwise.  But  so  long  as  the  war  continues,  to 
carry  it  on  openly,  honorably,  and  according  to  the  rules  recognized 
by  all  civilized  and  Christian  States  in  modem  times. 

At  the  request  of  Mr.  Van  Zandt  your  Charge  d' Affaires  now  at 
Washington,  similar  instructions  have  been  given  to  the  United 
States  minister  at  Mexico. 

As  I  am  unable  to  visit  Washington  at  this  time,  on  aocount  of 
indisposition,  I  should  be  much  gratified  could  you  visit  me  in  Gal- 
veston when  we  can  have  a  full  and  free  oral  interchange  of  opinions 
ypon  this  subject,  of  so  much  consequence  to  the  character  and  good 
standing  of  Texas.  I  am  however  so  well  acquainted  with  the  opin- 
ions of  the  President  of  Texas  upon  this  subject  that  I  feel  assured 
that  there  will  be  no  difference  of  opinion  between  us.  I  know  that 
he  has  uniformly  opposed,  all  and  every  depredatory  incursion  by 
the  people  of  Texas  upon  Mexico.  You  will  please  inform  me  by 
return  mail  whither  you  will  visit  me  in  Galveston  and  if  so  when, 
as  I  intend  the  moment  my  health  will  permit  me  to  do  so  with 
safety  to  visit  Washington. 

With  renewed  assurances  of  respect, 

I  am  your  obedient  servant  Joseph  Eve 


Eve  to  Webster.  ^ 


Upshaw  to  CrAWI?X)RD.  '^ 


Shaw  to  Bourland.** 


aA.L.8. 

b  April  14, 1843.  See  Calendar  of  Corresiwndeiice  with  the  United  States  in  Fart  I. 

e  April  15, 1843.  See  Van  Zandt  to  Jones,  June  29, 1843. 

*  April  17, 1843.  See  Calendar  of  Correspondence  with  the  United  States  in  Part  I, 


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164  american  historical  association. 

Shaw  to  Doak  and  Tims  and  Others." 


Van  Zandt  to  Jones. '^ 

Dispatch  No.  99. 

Legation  of  Texas 

Washington  City 
April  19th  1843 
Hon.  Anson  Jones 

Secty  oj  State, 

Sir:  Since  my  last  dispatch  nothing  of  importance  has  transpired 
in  relation  to  our  affairs  here.  Mr.  Webster  has  been  absent  for  a 
few  weeks  on  a  visit  to  Boston,  but  is  daily  expected  home.  It  is 
again  understood,  here,  that  if  nothing  is  heard  from  England  before 
the  1st.  of  May,  which  may  require  his  attention  in  the  State  Depart- 
ment, that  he  will  probably  retire  from  the  Cabinet  about  that  time. 
Who  is  to  be  his  successor  seems  not  yet  to  be  determined,  or  if  deter- 
mined on,  is  not  known  to  the  public.  Messrs  Upshur,  Gushing, 
Tazewell,  and  Stevenson  are  all  spoken  of.  Judge  Upshur  has  here- 
tofore been  considered  as  most  likely  to  be  selected.  His  would  be 
one  of  the  best  appointments  that  could  be  made  for  the  interests  of 
Texas.  He  is  devoted  in  his  attachment  to  our  country,  and  anxious 
to  promote  our  cause,  besides,  he  is  a  gentleman  of  fine  talents,  high 
attainments,  and  has  the  nerve,  as  the  Venerable  Sage  of  the  hermi- 
tage would  say,  to  ^'take  the  responsibility ''  and  act  with  decission. 
I  have  some  fears  that  he  will  not  receive  the  appointment.  Gushing 
is  expected  here  from  the  north  in  a  few  days,  aiid  is  very  desirous,  I 
have  heard,  to  succeed  Mr.  Webster,  but  I  hope  the  good  sense  of  the 
President  will  not  suffer  his  partiality  to  lead  him  so  far  into  an  error, 
as  this  certainly  would  be,  for,  he  would  inevitably  be  again  rejected 
by  the  Senate,  and  thereby  increase  the  confusion  already  existing. 
Mr.  Gushing  is  a  man  of  decided  abihties,  for  his  age,  and  an  avowed 
friend  of  Texas,  but  the  truth  is,  the  northern  influence,  which  is 
opposed  to  us,  and  which  would  be  certainly  felt  by  him  in  that  sta- 
tion, more  or  less,  would  prevent  him  from  taking  any  efficient  step 
calculated  to  benefit  us. 

Many  other  changes  are  expected  in  the  house,  as  well  as  the  foreign 
appointments.  Judge  Eve  is  to  be  recalled  from  Texas,  and  Gfen 
Murphy  of  Ohio,  who  is  reputed  to  be  a  man  of  talents,  is  to  succeed 
him.  Mr.  Proffit  of  Indiana  'tis  said  goes  as  Minister  to  Brazil. 
Mr.  Waterson  of  Tennessee  Gharge  d'Affaires  to  Venezuela,  vice. 
Hall,  of  Nashvilte,  to  be  recalled. 


o  April  17, 1843.    See  Calendar  of  Correspondenie  with  the  Tnited  States  In  Part  I. 
tl..3. 


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COBRESPONDENCE   WITH   THE  UNITED  STATES.  165 

Since  I  wrote  you  last  I  have  had  frequent  interviews  with  the 
President  in  regard  to  the  interposition  of  this  Government;  and  in 
our  several  conversations  he  has  xiniformly  expressed  a  wish,  and 
desire  to  take  effective  measures  to  put  an  end  to  the  difficulties 
between  us  and  Mexico,  but  I  think  he  is  fearful  to  make  any  impor- 
tant movement,  except  he  has  the  unanimous  approval  of  his  advisers. 
In  one  of  our  conversations  he  used  to  me  this  language,  ^*Sir,  I  wish 
you  to  be  assured  that  I  feel  the  deepest  interest  in  the  affairs  of  your 
country,  and  wish  to  do  every  thing  compatible  with  propriety  to 
aid  you,  and  if  possible  to  annex  you  to  us;  but  you  see  Tiow  I  am 
situated' \  (alluding  I  took  it  for  granted  to  the  embarrassments  of 
his  admim'stration).  He  then  remarked  that  when  Mr.  Webster 
returned  he  would  urge  upon  him  the  early  consideration  of  my  com- 
munication last  addressed  to  the  Department.  I  then  told  the 
President  that  I  had  understood  him  to  say  that  Mr.  Webster  had 
been  directed  to  approach  the  French  Minister  upon  the  subject  of  a 
United  and  joint  interposition  by  France  and  the  United  States:  he 
repUed  that  it  was  true,  but  that  Mr.  Webster  had  been  so  much 
engaged  with  English  affairs  that  he  had  failed  to  do  so,  and  that, 
moreover,  Mr.  Webster  had  not  acted  with  that  promptness,  which  he 
the  President  had  desired,  but  that  he  would  promise  me  that  he 
would  call  Mr.  Webster's  attention  to  it  again,  so  soon  as  he  retiuned, 
and  that  I  should  be  advised  at  an  early  day  of  their  determination. 
I  told  the  President  that  I  was  fully  sensible  of  his  kind  feelings  for 
Texas,  and  that  I  had  not  failed  to  make  the  same  known  in  my  dis- 
patches to  my  Government,  and  that  I  was  satisfied  they  would  be 
properly  appreciated;  and  that  I  hoped  that  no  unnecessary  delay 
would  be  had  in  coming  to  a  determination  upon  the  matters  alluded 
to  in  my  communication — that  the  laws  of  nations  clearly  justified, 
and  the  rights  and  interests  of  humanity  demanded  their  interference. 
I  told  him  also  that  I  was  convinced  that  the  French  Grovemment 
would  accede  to  the  proposition,  if  made  by  the  United  States,  but 
that  France  would  feel  a  delicacy  in  making  the  move  first,  lest  the 
United  States  might  suppose  she  was  disposed  to  meddle  in  the  affairs 
of  this  continent,  beyond  what  was  proper.  I  fear  that  nothing 
will  be  done  by  this  Government  until  there  is  a  change  in  the  office 
of  Secretary  of  State.  Mr.  Webster,  though  the  President  may  urge 
him  up,  will  stiU  take  his  own  time,  and  do  matters  in  his  own  way, 
and*  while  he  professes  the  greatest  friendship  for  Texas  and  I  think 
is  really  sincere  in  his  professions,  yet  his  temperament  is  not,  of 
that  kind,  suited  to  bold  and  decisive  movements  in  matters,  in 
which  his  Government  is  not  individually  concerned,  or  interested 
as  a  party,  or  in  other  Words  I  fear  his  sympathies  have  been  tem- 
pered by  a  latitude  too  high  for  this  emergency.  A  short  time  will 
prove  the  truth,  or  falsity  of  these  suppositions,  and  **  bring  to  light 


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166  AMERICAN   HISTORICAL.  ASSOCIATION. 

the  things  that  are  hidden'';  *till  then  nothing  is  certain,  except 
that  all  is  uncertain. 

The  pftinful  intelhgence,  of  the  recapture  of  our  countrymen  taken 
prisoners  at  Afier,  has  been  confirmed,  and  that  orders  had  been 
giyen  to  have  them  shot,  but  that  throi^  the  interference  of  the 
United  States'  and  British  Ministers  the  order  was  changed  to  a 
decimation,  which  it  was  hoped  woidd  be  revoked.  I  await  with 
great  anxiety  to  hear  the  result. 

Intelligence  has  also  reached  here  that  Hon.  W.  E.  Jones  and 
Maverick  had  been  released,  and  that  Judge  Hutchinson  would 
likewise  soon  be  liberated.     I  trust  this  may  be  true. 

The  propositions  of  Santa  Anna  for  peace  **  have  been  published 
here,  and  various  opinions  expressed,  how  they  ought  to  be  received, 
or  whether  they  will  be  considered  by  the  Grovernment  of  Texas. 

Col  Daingerfield  has  not  yet  embarked  for  Europe,  having  been 
detained  by  the  severe  indisposition  of  his  mother  and  other  causes. 
He  seenots  very  anxious  to  enter  upo>  his  mission,  and  wrote  me 
yesterday  that  he  thought  he  should  be  off  soon.  Your  communi- 
cations to  him  addressed  to  my  care  were  duly  received  and  very 
satisfactory  to  the  Colonel.  I  am  looking  for  him  here  to  day,  when 
we  doall  visit  the  President,  and  some  of  the  Diplomatic  gentlemen. 

The  Chevalier  Gevers,  the  Dutch  Charge  d'Affairs,  left  here  for 
New  York  a  short  time  ago.  He  was  very  desirous  to  know  if  his 
Government  had  an  agent  of  any  character  in  Texas*  I  told  him  I 
tiiou^t  not,  but  that  I  would  ascertain  and  inform  him.  Knowing 
that  Col  Daingerfield  would  be  here  I  concluded  to  reserve  the 
inquiry  for  him,  and  he  has  informed  me  that  he  is  of  opinion  tiiere 
is  none,  and  I  shall  so  inform  the  Chevalier.  This  gentleman  and 
myself  are  on  the  most  intimate  terms — ^he  seems  to  feel  much  inters 
est  in  the  affairs  of  Texas,  and  says  that  such  is  the  disposition  of 
his  Government  towards  us.  He  is  also  very  intimate  with  Gen 
Almonte,  and  from  him,  when  here,  I  coxild  generally  learn  Almonte's 
vicws» 

The  Prussian  Minister,  Baron  Roenne,  returned  to  Europe  by  the 
last  packet.  I  think  he  left  here  very  favorably  impressed  towards 
Texas,  and  her  growing  importance  as  a  market  for  European  manu- 
factures and  products.  The  gentleman  made  me  several  personal 
visits  which  were  duly  returned — he  also  made  many  inquiries  about 
Texas,  which  I  took  great  pains  to  answer,  and  at  the  same  time 
infonning  him  what  articles  of  Prussian  Manufacture  would  likely 
he  reqniired  in  our  markets. 

I  have  obtained  the  blanks  from  the  Genl.  Post  OflBce  which  you 
desired  me  to  send  you,  but  I  shall  not  forward  them  imtil  I  can 
have  an  opportunity  of  a  private  conveyance  to  New  Orleans.    The 

•  Made  through  James  W.  Robinson,  March  27, 1843.    See  Jones  to  Van  Zandt,  May  8, 1843. 

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COKBESPONDITNCB  WITH  THE  UNITED  STATES.  167 

package  will  be  very  large,  and  the  postage  would  come  to  more  than 
would  be  gamed  by  sending  them  right  away — they  probably  contain 
more  than  a  himdred  different  forms. 

I  have  also  obtained  a  full  copy  of  the  census  documents  of  the 
United  States,  including  a  statistical  account  of  the  commerce,  man- 
ufactures, and  products  of  each  state,  and  much  other  information — 
they  comprise  four  large  volumes,  one  of  which  is  two  feet  by  eighteen 
inches  and  contains  between  four  and  five  himdred  pages.  I  will 
send  them  to  you  whenever  an  opportunity  offers — they  will  prove 
a  valuable  acquisition  to  the  library  of  your  Department. 

I  have  concluded  upon  reflection  that  much  good  might  result  from 
a  proper,  and  fair  publication  of  facts  in  this  coimtry,  in  relation  to 
Texas,  with  a  view  to  correct  eroneous  impressions  existing  here 
prejudicial  to  our  interests,  and  to  show  the  important  advantages 
to  be  derived  from  annexation,  and  particularly  the  great  benefits 
which  the  northern  states  would  secure  by  such  a  treaty.  I  feel 
satisfied  that  it  is  not  in  keeping  with  the  genius  of  the  northern 
people  to  sacrifice  their  interest  to  their  sympathy,  &nd  if  they  can 
be  induced  to  believe  that  their  pecuniary  interest  would  be  pro- 
moted by  such  a  st^^  they  would  at  once  leap  the  barriers  erected 
by  the  fanaticism  of  abolitionists,  and  become  the  advocates  of  the 
measure.  I  believe  that  this  is  a  subject  in  which  the  northern  peo- 
ple should  feel  as  much  interested,  and  more  so,  if  possible,  than  the 
south.  Many  of  the  facts  necessary  to  be  stated,  and  the  arguments 
used  will  apply  with  equal  force  to  the  pending  treaty.  I  have  been 
for  sometime  collecting  facts  in  relation  to  this  subject.  My  design 
is  to  publish,  under  an  anonymous  signature,  the  communications 
in  some  newspaper  of  general  circulation,  and  in  time  to  appear  before 
the  sitting  of  the  next  Congress.  I  shall  first  continue  to  collect  all 
the  facts  in  my  power,  before  the  first  number  is  written.  If  you 
can  send  me  the  printed  reports  of  the  Secretary  of  the  Treasury  for 
1841  and  1842  I  shall  be  very  glad,  as  from  them  I  can  probably 
learn  something  of  our  exports  and  imports,  which  I  cannot  obtain 
elsewhere. 

You  will  perhaps  think  this  dispatch  contains  some  things  not 
likely  to  benefit  you  much,  but  I  think  it  best  to  give  you  matters  in 
detail  as  much  as  possible,  especially,  conversations  with  the  Presi- 
dent and  Secretary  of  State,  from  which  you  will  be  enabled  to  form 
your  own  conclusions,  if  they  should  differ  from  mine.  In  addition 
to  this  I  am  gratified  to  believe,  that  should  I  state  any  thing  which 
is  unnecessary,  your  better  judgment  will  enable  you  to  winnow  the 
wheat  from  the  chaff. 

With  the  hi^est  sentiments  of  regard  I  have  the  honor  to  remain 
Your  friend  and  Obt  Servant 

IsAAO  Van  Zandt 


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168  american  historical  association. 

Van  Zandt  to  Jonbs.<» 


Robertson  to  Jones.  *^ 


Ix>OMis  TO  Bliss/ 


Van  Zandt  to  Jones  .<* 

Dispatch!  Legation  of  Texas 

No.lOO.j  Washington  City 

April  gist,  184S 
Hon  Anson  Jones 

Secty  oj  StcUe 

Sir:  I  have  just  returned  from  a  visit  to  the  State  Department, 
where  I  had  an  interview  with  Mr.  Secretary  Webster.  I  now  sub- 
mit you  the  substance  of  conversation  between  us.  Ml*.  Webster 
inquired  whether  I  knew  what  answer  was,  or  would  be  given  to  the 
propositions  of  Santa  Anna.  I  replied  I  did  not,  but  was  of  opinion 
they  would  not  be  entertained  for  a  moment.  Or  if  entertained  at 
all,  it  would  be  merely  for  the  purpose  of  submitting  a  counter  propo- 
sition for  peace,  upon  terms  of  the  acknowledgment  of  our  inde- 
pendence. Mr.  Webster  then  remarked,  that,  if  we  intended  to 
maintain  our  nationality,  we  should  at  once  reject  such  a  proposition. 
He  then  asked  me  various  questions  in  relation  to  my  views  and 
opinions  of  the  probable  result  of  the  campaign  and  cruise  against 
Yucatan;  In  answering  which  I,  endeavored  to  impress  him  with  the 
opinion  that  the  Mexican  fleet  and  forces  would  be  compelled  to  retire, 
without  accomplishing  any  important  result.  This  is  a  matter  which 
has  been  frequently  discussed  between  Mr.  Webster  and  myself;  he 
has  alwajs  expressed  the  opinion  that  the  favorable  or  unfavorable 
termination  of  that  Campaign  would  determine  the  ability  or  ina- 
biUty  of  Mexico  to  re-invade  Texas. 

At  this  stage  of  the  conversation,  I  introduced  the  subject  of  my 
last  communication  to  his  Department  in  relation  to  our  affairs  with 
Mexico.  I  asked  him  if  he  had  taken  time  to  consider  that  communi- 
cation; he  replied  he  had;  I  then  asked  him  if  he  had  formed  any 
conclusion  upon  the  matters  and  things  embraced  in  it.  His  reply 
was  in  about  these  words,  "Sir;  your  affairs  assume  so  many  different 
pJiases  that  it  is  impossible  one  day  to  tell  what  will  be  the  appear- 
ance on  the  next.  If  your  Government  would  take  the  advice  of  its 
friends,  to  remain   at  home,  unite  among  yourselves,  confine  yoUr 

a  April  19, 1843.  See  Calendar  of  Correepondence  with  the  United  States  In  Part  T. 

»  April  20, 1843.  See  Jones  to  Van  Zandt,  May  9, 1843. 

e  April  20, 1843.  See  Van  Zandt  to  Jones,  August  16, 1844. 
*L.B. 


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CORBESPONDENCE  WITH   THE  UNITED  STATES.  169 

soldiers  to  your  own  territory,  and  to  the  defence  of  your  own  soil, 
suppress  insubordination,  prevent  marauding  parties  upon  the 
frontier  and  consolidate  your  energies,  then  Sir,  we  might  be  able  to 
do  something  effective/'  I  replied  to  this  that  such  was  the  avowed 
policy  of  the  administration  at  the  head  of  affairs  of  my  Grovemment, 
and  to  which  it  was  disposed  to  adhere,  and  this  I  thought  must  be 
sufficiently  demonstrated  in  my  communication  addressed  to  him. 
Mr.  Webster  replied,  ''that  Sir,  perhaps  is  true,  so  far  as  the  officers  of 
Government  are  concerned,  but  what  avails  the  disposition  of  Officers, 
who  cannot  execute  their  purposes,  or  what  is  a  Government  which 
cannot  enforce  its  orders;  it  is  the  business  of  Government  to 
govern  its  citizens,  and,  when  it  ceases  to  be  able  to  do  that,  it  argues 
that  there  is  not  much  Government  in  force". 

I  said  in  reply,  to  this,  that  I  was  of  opinion  from  all  I  could  learn 
from  home,  that  there  was  an  evident  change  in  public  feeling  in  this 
respect;  that  every  thing  seemed  quiet.  Any  dissensions  that  might 
have  existed,  I  thought  had,  or  would  soon  disappear,  and  in  future 
I  hoped  we  should  be  united;  that  these  were  but  momentary,  and 
could  not  be  of  long  duration.  He  then  continued  thus,  ''So  soon  as 
we  ascertain  what  disposition  your  Government  shall  make  of  Santa 
Anna's  proposition,  we  shall  then  determine  what  course  we  will 
take,  but,  during  the  pendency  of  these  questions,  or  a  negotiation 
between  Texas  and  Mexico,  we  should  feel  ourselves  awkwardly  situ- 
ated to  attempt  an  interference.  If  those  propositions  are  at  once 
disposed  of,  and  you  continue  to  persevere  in  your  avowed  poUcy,  we 
shall  think  it  proper  to  make  a  communication  to  Mexico  on  the  sub- 
ject, and  say  to  her,  Site  must  terminate  the  vxir  ai  once  eitJier  hy  treaty 
or  hy  arms;  and  address  a  copy  of  the  same  to  France  and  England." 

Tliese  are  the  most  important  items  of  our  conversation  during  the 
interview.  They  at  once  suspend  matters  here,  until  I  hear  from 
your  department.  Should  I  obtain  the  desired  intelligence,  Mr.  Web- 
ster may  take  the  step  pointed  out;  but  it  is  impossible  to  speak  with 
certainty  upon  the  subject.  I  have  so  often  thought  I  was  on  the 
eve  of  accomplishing  it  when  something  would  immediately  inter- 
vene to  prevent  it,  that  I  will  not  permit  myself  to  calculate  posi- 
tively on  any  event  which  is  yet  in  the  womb  of  futurity.  The  next 
news  from  Texas  may  present  some  new  pTiasey  in  that  case,  all  the 
ground  is  to  be  gone  over  again. 

You  will  learn  from  this  conversation  something  of  the  state  of 
feeling  here  in  relation  to  our  affairs.  Mr.  Webster  in  his  remarks, 
but  reiterates  the  general  sentiment. 

I  look  with  much  anxiety  to  hear  the  course  of  om*  people.  Situ- 
ated as  I  am  at  such  a  distance,  it  is  impossible  for  me  always  to  know 
the  true  state  of  things  at  home,  and  to  judge  of  the  truth  or  false- 
hood of  all  I  hear.     If  it  be  true,  that  there  are  some  few  individuals. 


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170  AMBRKAN  HISTOBICAL  AS0OCIATION. 

of  ambitious  and  licestioua  views  whom  tha  authorities  are  imable 
to  ovex'-awe;  and  who  eontiiuutlly  sow  the  seeds  ol  discord  amon;  the 
people,  and  by  such  a  course  shcMild  be  enabled  to  poison  their  minds, 
and  create  factions,  which  cannot  be  suppressed,  calamities  of  long 
duration  most  e^^mtually  ensue.  I  feel  eryeiy  coofideaee  that  the 
people,  if  left  to  themseLyes,  wiU  do  right 

An  observanes  of  the  lews,  alone,  can  ascuie  the  lives,  the  property, 
thee  liberty,,  and  character  of  diiaens — ^if  these  are  scorned;  what  is 
ever  to  be  respected  )    Or  where  is*  the  hope  ol  the  Republic  % 

Col.  Daingerfield  came  ovot  to  day  fron  Alexandria,  and  has 
returned  back  after  staying^  a  short  time,  be  seems  very  anxious  to 
get  off  to  Europe — he  i»  detained  by  his  indispensable  private  arrange- 
ments— ^he  expects  to  leave  by  the  packet  of  the  1st.  of  May. 

I  have  the  honor  to  be  with  great  respect  and  consideration 
Your  friend  and  Obt.  Servt. 

Isaac  Van  Zandt 

MrrCHELL  TO  POETEE.** 


JoicBs  TO  Eva. 

Depabtmbnt  op  State 
WaaJiingem  [Texas]  April  S2d  1843 
Snt 

I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the  13th 
Inst  informing  me  that  yoo  had  been  instrocted  by  your  Government 
i»  seek  em  eariy  interview  witix  the  Secretary  of  State  of  Texas  etc, 
but  that  you  were  unable  at  the  present  time  to  viat  Washington  on 
account  of  indisposition  and  that  you  wished  me  to  visit  you  at 
Gbdvesten,  where  we  might  have  a.  full  and  free  oral  interchange  of 
opmionEi  upon  the  subject  embraced  in  your  communication  and  of  so 
mfuch  consequence  to  the  character  and  good  standing  of  Texas. 

Regretting  as^  I  do  most  sincereiy  your  continued  illness  it  affords 
me  satisfaetion  to  be  able  to  comply  with  your  wishes  in  respect  to 
visiting  you  at  Galveston,  for  which  place  I  will  leave  in  the  course  of 
the  ensuing  week.  I  hope  to  be  with  you  as  eaiiy  as  the  5th  proximo 
at  fartherest,  wlien  I  trust  tahave  the  pleasure  of  a  personal  interview, 
and  interchange  of  opinion  with  you. 

I  have  the  honor  t*  be  with  the  highest  consideration 
Your  very  obt  Svt 

(signed)  Anson  Jones 

Hon.  J.  Eve 

CharaS  d' Affaires  of  (he  U.  8. 

eU  etc  etc 


a  April  »l;  ISIS.   89b  BmjmonA  to  JixamtUky  12, 194», 


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gobbbsposfdbnce  with  the  unitbd  states.  171 

Jones  to  Eve." 

[Acknowledging  Eve's  request  for  exequaturs  for  Morgan  L.  Smith, 
United  States  consul  at  Velasco,  and  Stewart  Newell,  United  States 
consul  at  Sabine  and  such  other  ports  as  should  be  placed  in  his 
charge.] 


Jones  to  EVe.^ 


Etb  to  Joksb.'' 

Legation  op  the  United  States 

Galveston  April  28tTi  184S 
The  Honble. 

Anson  Jones  Secretary  of  State 
of  the  RepMic  of  Texas 
Sm 

I  herewith  transmit  you  a  copy  of  a  letter  from  Reubin  M.  Potter 
Esquire,  Collector  of  customs  at  Velasco,  To  A.  M.  Green  Esquire 
United  States  Consul  at  Galveston,  in  reply  to  one  from  Mr.  Green 
reque[s]tiiig  him  to  send  iShe  Register  (ta  this  Consulate)  of  aUnited 
States  vessel,  which  the  Captain  said  he  had  deposited'  with  the  col- 
lector at  Velasco. 

Also  a  copy  of  a  letter  from  Mr.  Green  to  this  Legation  upon  tiiis 
subject ;  In  order  to  avoid  many  difficulties  which  under  any  other  rule 
are  liable  to  arise  between  the  United  States  Consuls  m  Texas,  and  the 
master?  of  United  States  vessels,  and  difficultres  which  will  arise 
between  the  Masters  and  Crew,  as*  well,  as  to  avoid  an  imdue  advan- 
tage which  it  gives  vessels  over  other  vessels  from  the  United  States 
by  indulging  the  Masters  to  hold  at  1^  same  time  a  coasting  ficense 
and  a  United  States  Register. 

I  therefore  respectfully  suggest  the  propriety,^  of  iixstmctii^  the 
receivers  of  the  Customs  at  the  different  Forts,  not  to*  grant  coasting 
license  to  tiie  Masters  of  United  States  vessels  unless  they  file  with 
the  Collector  a  certificate  from  the  Consul  for  that  district,  that  they 
have  filed  with  Mm  their  United  States  register.  Such  I  am  informed 
has  been  the  rule  observed  hy  the  receiver  of  the  Ctistoms  at  this  port 
With  renewed  assurances 

of  mj"  continued  r^ard 

I  am  ytjur  Obedient  Servant 

Joseph  Etb 

«Apill22,1843. 

h  April  23, 1843.    See  CaleiDdar  of  ComspimdeDoe  with  the  United  States  In  Port  I. 

e  A.  L.  8. 


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172  AMERICAN  HISTORICAL  ASSOCIATION. 

(Copyj 

Custom  House  Port  or  Velasco 

lOih,  of  March  184S 
To  A.  M.  Green  Esqr 
U,  S.  Consvl 

Galveston 
Sir 

Your  favour  of  the  10th  of  Febr.  was  duly  received. 
I  am  of  opinion  that  when  a  foreign  vessels  register  is  tempora[r]ily 
deposited  with  the  collector  of  Customs  of  this  Republic  conformably 
with  the  act  of  January  4th  1841  the  collector  is  not  bound  to  transfer 
the  deposite  to  a  consul  residing  in  another  collectoral  District 
Respectfully  your  Obt  Sevt 

(Signed)  Reubin  M.  Potter, 

Collector. 


(Copy.) 

Consulate  of  the  U.  S.  op  America 

Galveston  Republic  of  Texas 

17th  March  1843 
Sir 

I  find  that  many  vessels  sailing  under  the  American  flag  and  having 
American  papers  have  applied  to  the  Collectors  of  the  Customs  in  the 
several  ports  in  the  Republic  of  Texas,  for  coasting  license  and  have 
received  them. 

The  masters  of  vessels  should  invariably  make  a  deposite  of  his 
Register  with  the  American  Consul,  and  receive  a  certificate  from  him 
that  such  surrender  has  been  made.  Then  and  not  till  then  should 
coasting  license  be  granted  to  any  American  vessel  by  this  Govern- 
ment. 

This  rule  which  to  me  would  seem  right,  has  not  been  adhered  to. 
I  have  found  masters  of  American  vessels  in  possession  of  two  sets  of 
papers,  and  as  they  preferred  to  retain  their  coasting  license,  I  have 
deprived  them  of  the  Register. 

Finding  American  vessels  with  two  sets  of  papers  a  coasting  license 
and  Register  induced  me  to  enquire  how  many  and  what  vessels  had 
applied  for  and  obtained  license  to  carry  on  the  coasting  trade,  and 
the  10th.  of  February  I  addressed  a  letter  to  the  collector  of  the  Cus- 
toms for  the  port  of  Velasco,  and  requested  him  to  send  me  the  Reg- 
ister of  an  American  vessel  which  the  Captain  said  he  had  deposited 
with  the  collector  at  Velasco,  and  requested  also  the  collector  at 
Velasco  to  advise  me  of  the  names  of  the  American  vessels  he  had 
granted  license  to  in  order  To  carry  on  the  coastiiig  trade.  I  received 
for  answer,  a  note  under  date  the  10th.  Inst,  a  copy  of  which  I  here- 
with enclose. 


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COBRESPONDENCB   WITH   THE  UNITED  STATES.  173 

.  You  will  see  at  once  how  improper  it  is  to  grant  coasting  license  to 
American  vessels;  without  keeping  the  American  Consul  advised  of 
the  fact,  and  as  I  have  before  said  whilst  the  vessel  is  in  possession  of 
her  register. 

The  American  Consul  is  the  proper  person  to  have  in  possession  the 
Registers  of  all  vessels  sailing  under  the  American  flag  and  not  the 
collector. 

If  I  thought  proper  I  could  appoint  an  agent  at  Velasco,  and  cer- 
tainly if  I  have  the  right  or  authority  to  appoint  an  agent  to  receive 
the  papers  of  American  vessels  I  have  the  right  to  demand  them  of 
the  collector. 

I  am  Sir, 

Most  Respectfully 

Your  Obt.  Servt. 

(signed)  A.  M.  Green 

The  Honbl. 

J.  Eve 

Charge  d^  Affaires  of 

the  U.  8,  to  Texas. 


Petition  op  Bourland.** 


Benton  to  Jones.* 


Eve  to  Jones.*'  • 

[Jones's  two  letters  of  April  22,  and  his  letter  of  April  23  have  been 
received.] 

Van  Zandt  to  Jones.** 

Dispatch  No.  101 

Legation  of  Texas 

Washington  City 

May  Srd,  I84S 
Hon  Anson  Jones 

Sedy  of  State.  Sib:  Since  my  last  dispatch  nothing  of  importance 
has  taken  place  in  our  affairs  here.  Mr  Webster  still  continues  in  the 
State  Department  but  will  undoubtedly  retire  in  a  short  time.  It 
seems  that  all  former  conjectures  as  to  his  successor  have  proved  false 

a  Undated.    Probably  written  about  May  1, 1843.    See  Jones  to  Van  Zandt,  June  1, 1848. 
b  May  1, 1843.    See  Jones  to  Van  Zandt,  June  1, 1843. 
«  A.  L.  S.,  May  3, 1843. 
4L.S. 


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174  AMEBICAK  HIBTOmCAL  AS80CIATI0V. 

and  it  k  now  undenieod  by  mil  tiiat  Mr.  Legope  tlie  present  Atty 
Oenl.  is  to  be  appointed,  though  it  is  afao  understood  that  the  same 
will  be  only  temporay . 

The  President  will  leave  in  a  few  days  for  Virginia.  Ifr.  Upshur 
for  the  «ame  quarter  and  Mr.  Webster  to  Boston  aod  sot  having 
heard  any  thing  from  yim  whioh  wovkl  tiwwFiiai  me,  I  have  oonehided 
the  present  a  favorable  time  to  go  after  my  family  and  shall  accord- 
ingly start  tomorrow  miwuing.  I  shall  netum  so -soon  as  I  can  obtain 
means  to  bring  me  back.  I  had  hoped  to  be  Able  to  hear  something 
from  you  upon  this  subject,  but  not  having  done  ao  I  have  thought 
no  injury  would  result  to  the  country  by  the  step.  I  therefore  hope 
the  same  may  meet  your  approbation.  Mr.  Raymond  will  remain 
here,  and  will  advise  me  of  any  comxoands  from  your  Department, 
which  shall  be  immediately  attended  to.  His  promptness  in  dis- 
charging his  duties  has  caused  me  to  take  this  step  with  less  reluc- 
tance. 

Col  Daingerfield  is  in  Baltimore,  He  writes  me  to  day  that  he  will 
probably  sail  about  the  15th.  Inst  The  last  dates  reo^ved  from  your 
Department  are  of  16th.  February. 

I  have  the  honor  to  be  with  high  regard  your  friend  and  Obit.  Servt 

Isaac  Van  Zandt. 

BOUBLAND  TO  SECRETARY  OP  TREASURY  OF  TeXAS  [ShAW].« 


Houston  to  Eve.* 

Executive  Department, 
Washington  [Terns],  May  6th.  1843. 
To  Hon.  Joseph  Eve, 

Etc.,  etc.,  etc. 

My  dear  Sir: — In  the  absence  of  the  Secretary  of  State,  by  way 
of  a  familiar  epistle,  I  design  to  communicate  some  official  intelli- 
gence which  is  due  to  the  government  of  the  United  States  as  well 
as  to  that  of  Texas. 

The  ink  is  scarcely  dry  upon  the  assvrance  thai  no  aggressive  a,clion 
wovJd  take  place  on  the  part  of  this  government  against  Mexico,  beyond 
our  avowed  limits,  unless  it  should  he  rendered  necessary  by  the  ocfo 
of  Mexico  towards  Texas.  In  despite  of  this  assurance  our  navy  has 
gone  to  sea.  In  doing  so,  I  can  only  say  that  the  conmiander  has 
committed  the  most  flagrant  outrage  pos^le  upon  liis  country  and 
the  law  of  nations. 

That  you  may  assure  your  government  tiiat  it  has  not  been  per- 
petrated with  or  by  my  connivance^  I  take  {deasure  in  forwarding 

aHay4, 1843.   dee  Calendar  of  CorrespondoDoe  with  the  United Ststm te  Put  I, 
»  Bee  Kepordf  of  Departmant  of  State  (Texas),  Book  ¥^  pp.  341^347. 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  175 

to  you  a  proclamation  and  order  ;^  and  that  you  may  have  it  in 
your  power  to  ntske  such  wpreaoiitation  to  the  govemment  of  the 
United  States  as  will  yindicate  tiie  bead  of  this  nation  from  the  impu- 
tation of  insinoeiity  and  duplidi^« 

The  crime  is  one  of  great  atrocity,  mad  I  havie  availed  myself 
of  the  first  moment  to  apply  the  only  concctiFe  in  my  power.  All 
that  has  been  done  by  Ooaamodoie  Moone  sinoe  ibe  Btii.  ultimo,  has 
been  in  riolaticm  of  orders,  under  Buq)eiiflion  and  aisest.  You 
can  now  judge  ai  matters. 

On  the  5th.  of  April,  the  onlar  of  &e  Department  of  War  and 
Marine  ^  was  placed  in  his  hands,  flkioe  which  time  he  has  ordered 
a  court  marda!,  approved  the  proceedings  and  ^exeeuted  the  sentence. 

By  the  copy  of  a  letter  of  inBtnictioas,''  also,  forwarded,  whidi 
I  delivered  to  one  of  the  commimcaiers  with  orders  to  proceed 
immediately. to  its  execution,  you  will  find  a  dear  anticipation  of 
the  course  which  would  be  atteoafrtbed  by  Commodore  Moore,  and 
the  precaution  taken  to  preveBt  evil. 

Such  measures  as  you  may  be  authorised  to  adopt  for  the  pres- 
ent, apart  from  conununicating  the  facts  to  your  goyemment,  I 
trust  will  be  adopted. 

I  am  very  truly  your  friend, 


FoBTBB  TO  Webster.^ 


Jones  to  Van  Zandt. 

(Copy) 

Department  op  State 

Galveston  May  8fh  1S43 
Hon.  Isaac  Van  Zandt 

OhargS  d^  Affaires  of  Texas  etc 
Sm, 

On  my  arrival  at  this  place  the  day  before  yesterday  I  received 
your  official  Dispatches  of  the  19th  and  2l8t  Ultimo.    *    *    *  « 

If  your  request  for  leave  of  absence  to  visit  your  family  is  granted, 
you  will  be  governed  in  the  time  of  your  leaving  Washington  by 
your  own  judgment^  and  with  a  view  to  make  the  visit  at  such  a 
period  as  will  give  the  least  detriment  to  the  public  interests  and  it  is 
hoped  that  your  absence  may  not  exceed  six  weeks  or  two  months 

«  March  23, 1843.    See  The  MonUng  Star,  May  11, 1848,  and  The  ReirLmider,  June  34, 1843. 
h  HamUton  to  Moore,  March  21, 1843.    See  TU  Red-Londer,  June  34, 1843. 

c  Houston  to  Morgan  imd  Bryan,  March  23, 1843.   a&bTh£  Mamki^Sim,Jmmbn,MDdTk€B«i'Lanier, 
June24  1843. 
4  May  6, 1843.   See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
•  Here  is  omitted  a  paragraph  relating  to  Van  Zandt's  salary. 


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176  AMERICAN  HISTORICAL  ASSOCIATION. 

Should  the  contemplated  change  take  place  m  the  State  Department 
anfl  a  new  Secretary  of  State  of  the  U  States  be  appomted  it  would 
probably  be  well  for  you  to  remain  at  your  post  untill  such  time  as 
you  could,  have  a  full  understanding  with  him  concerning  the  affairs 
of  Texas.  During  the  months  of  July  and  August,  the  officers  of 
Govt,  of  the  United  States  are  generally  absent,  from  Washington, 
and  but  little  public  business  can  be  transacted  there.  If  you  could 
embrace  this  period  conveniently  for  your  visit  home,  there  could 
be  no  objection  to  your  doing  so,  and  remaining  untill  those  officers 
returned,  and  the  pubUc  business  should  be  resumed. 

I  enclose  you  herewith,  a  copy  of  the  translation  of  a  document, 
furnished  to  James  W.  Robinson  (one  of  the  Bexar  prisoners)  by 
the  President  of  Mexico  Gen.  Antonio  Lopez  de  Santa  Anna.  This 
embraces  the  propositions  which  Mr.  Robinson  was  authorized  by 
that  functionary  on  behalf  of  the  Mexican  Government  to  make  to 
the  people  of  Texas,  and  instructions  in  relation  to  the  same^ 

No  propositions  of  any  character  have  been  submitted  by  Mexico 
to  this  Government,  nor  was  Mr.  Robinson  charged  with  any  com- 
munication to  it. 

The  propositions  of  Gen.  Santa  Anna,  have  been  published  by 
Mr.  Robinson  through  the  medium  of  the  public  papers,  and  have 
every  where  been  met  by  the  people  to  whom  they  were  addressed 
with  indignation  and  contempt,  and  rejected  by  one  unanimous 
response  from  the  whole  country.  You  will  at  once  perceive  the 
absurd  attitude  in  which  Gen  Santa  Anna  has  placed  himself  by 
this  injudicious  and  ridiculous  attempt  to  create  dissention  and  divi- 
sion among  the  people  of  Texas,  or  his  ignorance  of  their  character 
intelligence  views  and  feelings  in  entertaining  the  expectation  that 
they  would  accede  to  the  proposed  terms. 

Mexico  must  restore  us  our  murdered  thousands  before  we  can 
ever  entertain  the  proposition  of  being  re-incorporated  with  that 
Government. 

I  have  the  honor  to  be 

with  the  greatest  respect 
Your  Obt  Svt 

Signed  Anson  Jones 

P.  S.  Com.  Moore  sailed  from  the  Balize  on  the  19th  Ulto.  and  it 
is  supposed  has  gone  to  Yucatan.  This  act  is  not  only  without  the 
authority  of  this  Govt,  but  ia  in  express  violation  of  its  orders  fre- 
quently repeated  ^ 

A.J. 


"  See  N lies'  Register,  l.XIV,  97;  The  Morning  Star,  April  1, 1843;  The  Red-Lander,  Aprtl  15, 1843. 
b  To  this  and  other  charges  of  a  similar  kind,  Moore  replied  at  length  in  his  pamphlet,  '*To  the  People 
of  Texas." 


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correspondence  with  the  united  states.  177 

Eve  to  Webster.** 


Jones  to  Van  Zandt. 

Department  of  State 

Galveston  May  9th  1843 
Hon  Isaao  Van  Zandt 

Chargi  d^  Affaires  of  Texas 
Sir 

Elnelosed  herewith  I  send  you  a  copy  of  a  commuzdcation  receired 
at  this  Department  from  Doct.  Joseph  W.  Robinson  a  citizen  of 
Travis  County,  relative  to  the  negro  boys  captured  by  hostile  Indians 
in  1840. 

Dr.  Robinson  also  states  that  a  correspondence  has  been  had  by  a 
former  representative  of  thb  Oovemment  and  the  Grovemment  of  the 
United  States  on  this  subject,  but  as  the  Archives  of  this  Department 
are  still  detained  by  the  citizens  of  Austin*  I  am  unable  to,  know  the 
nature  of  that  corres{>ondence  or  the  present  situation  of  the  business. 
If  such  a  correspondence  has  been  had  it  will  be  found  on  the  files  of 
the  Legation  at  Washington,  which  you  will  please  refer  to,  and  take 
such  steps  in  the  matter  as  will  bring  the  same  to  a  conclusion,  and 
that  Dr.  R.  may  either  have  his  negroes  restored  to  him  (if  the  cir- 
cumstances should  be  foimd  as  stated,)  or  be  compensated  for  their 
capture,  and  loss 

I  have  the  honor  to  be 

With  the  highest  respect 
Your  Obt  Svt 

Signed  Anson  Jones 


(Copy.c) 

Washington  [Texas]  Aynl  20th,  184S 
Hon  Anson  Jones 

Dear  Sir  In  February  1839  a  desc[e]nt  was  made  by  a  party  of 
Indians  upon  my  plantation  on  the  Colerado  River  and  among  other 
thing[s]  carried  off  two  negro  boys  one  of  them  about  thirteen  or 
fourteen  years  old  named  Manuel  the  other  nine  or  ten  named  Aaron 
and  in  the  fall  of  1840 1  was  told  by  a  Delaware  Indian  of  the  name  of 
Frank  who  is  well  known  from  the  circumstance  of  his  having  a  red 

aMajrS^l^^   SMCalBBdac  of  COTiMpOBdMMB  with  the  United  States  In  Ptft  I. 

ft  Soon  after  the  capture  of  San  Antonio  by  Vasquez^  March  5, 1842,  President  Houston  moved  with  his 
cabinet  to  the  city  of  Houston,  and  made  that  the  headquarters  of  the  government  for  the  next  three 
years.  The  people  of  Austfai,  however,  would  not  surrender  the  archives.  An  abortive  eflori  to  carry 
tl^  away  by  force  resulted  In  what  Is  known  as  the  "Archive  War."  See  Bancroft,  North  Mexican 
3tatt$  and  Texas,  U,  pp.  363-33d. 

«See  ffle  relating  to  Indian  Affairs  in  the  State  Library. 

39728"— VOL  2,  pt  1—11 12 


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178  AMERICAN  HISTORICAL  ASSOCIATION. 

head  thai  said  boys  were  in  the  possession  of  a  Mr  Edwards  a  white 
man  who  lived  in  the  Cheroke  nation  on  the  Canadian  River  and  had 
a  Creek  Indian  for  a  wife,  upon  the  receipt  of  the  above  information 
I  went  directly  to  where  Edwards  was  living  and  found  the  boys  one 
of  them  at  Edwards  and  the  other  at  Chisholms  who  is  a  Cherokee 
and  the  soninlaw  of  Edwards  neither  Edwards  or  Chisholm  were  mt 
home  at  the  time  and  I  was  deterred  from  letting  my  business  be 
known  from  the  circumstance  of  having  been  cautioned  particularly 
to  not  let  it  be  known  that  I  was  a  Texian  and  there  was  at  that  time 
a  party  of  the  Cherokees  that  had  been  Driven  from  Texas  encampd 
in  one  mile  of  Edwards  and  directly  on  the  road  that  I  had  to  travel. 
When  I  arivd  at  home  I  made  known  to  the  Hon  Secretary  of  State 
the  whole  matter  as  it  then  stood  and  he  informed  me  afterwards 
that  there  had  been  a  demand  made  of  the  U.  S.  A.  Govt,  for  the 
negroes.  Since  that  time  I  have  not  heard  any  thing  of  the  matter 
except  that  the  negroes  are  still  in  Edwards  possession.  Sir  you  will 
please  to  give  me  such  information  as  may  at  any  time  come  to  your 
knowledge  so  that  I  can  take  such  steps  as  is  necessary  on  my  part 
to  recover  the  property 

Yours  respectfully  Joseph  W.  Robertson 


IiEOARi:  to  Van  Zandt.** 


Porter  to  Legar^.'' 


Raymond  to  Jones.*' 

Washington  Cmr 

May  12ik.  I84S 
Hon  Anson  Jones 

Secty  of  State 
Dear  Sir 

A  communication  from  the  Department  of  State,  here,  has  been 
reed,  since  Mr.  Van  Zandt's  departure,  and  I  deem  it  of  sufficient 
importance  to  forward  a  copy  to  your  Department,  without  waiting  to 
hear  from  Mr.  Van  Zandt,  to  whom  I  also  send  a  copy.  I  also  enclose 
a  slip,  from  the  National  Intelligencer  of  the  29th.  iilt,  bearing  upon 
the  subject  embraced  in  the  communication  above  referred  to. 

Mr.  Webster  withdrew  from  the  Department  of  State  on  the  8th. 
inst,  and  Mr.  Legare  Atty  Genl.  has  been  charged  with  its  direction 
ad  interim. 

aMaylO,  1843.    See  Raymond  to  Jones,  May  12, 1843. 
»Mayll,1843.   See  Van  Zaodt  to  Joses,  August  15, 1843. 
eA.  L.S. 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  179 

The  President  and  Secretary  of  Navy  are  now  in  Virginia,  and  are 
expected  to  be  absent  two  or  three  weeks. 

I  consider  it  aknost  certain  that  Mr.  Upshur  will  receive  the  appoint- 
ment of  Secretary  of  State,  so  soon  as  he  completes  some  matters 
connected  with  the  Navy,  with  which  he  has  been  charged. 

Mr.  Gushing  has  been  appointed  Commissioner  to  China^  and 
Fletcher  Webster  Secretary  of  the  Mission. 

I  expect  to  hear  from  Mr.  Van  Zandt  in  about  ten  days.  His  last 
Dispatch  to  your  Department  was  dated  the  3rd.  inst. 

With  the  highest  sentiments  of  regard  I  have  the  honor  to  be 
Very  respectfully 

Your  friend  and  Obedt.  Sevt 

Chas.  H.  Raymond 

P.  S.  To  save  postage  I  give  a  copy  of  the  slip  alluded  to 

[Inclosed  are  copies  of  the  following:**  Legar6  to  Van  Zandt, May 
10,  1843;  and  Mitchell  to  Porter,  April  21,  1843.] 


Jones  to  Eve. 

Dept  op  State 
Washington  [Texas]  May  16th  I84S 

The  Undersigned  Secretary  of  State  of  the  Republic  of  Texas  having 
laid  before  his  Excellency  the  President  the  communication  from  Mr. 
Joseph  Eve  Charg6  d' Affaires  of  the  United  States,  of  the  13th 
Ultimo  requesting  on  the  part  of  the  United  States  that  Texas  will 
abstain  from  carrying  on  the  war  against  Mexico  (Should  it  continue) 
by  predatory  incursions  whether  with  a  view  to  retaliation  or  other- 
wise, has  now  the  honor  by  the  instructions  of  the  President  to  assure 
Mr.  Eve  that  no  orders  have  been  or  will  be  issued  by  him  authorizing 
any  predatory  incursions  into  the  territory,  of  Mexico  and  that  Texas 
will  continue  to  abstain  from  any  such  mode  of  warfare,  and  that  in 
the  further  prosecution  of  the  contest  she  will  carry  it  on,  according 
to  the  rules  recognized  by  all  civilized  nations  in  modem  times; 
imless  provoked  to  a  contrary  course  by  a  continuance  of  unwarrant- 
able acts  of  aggression,  inhumanity  robbery  and  perfidy  and  murder 
on  the  part  of  Mexico  herself. 

In  the  personal  interviews  with  Mr.  Eve  which  the  undersigned 
had  the  honor  of  holding  at  Galveston  recently  in  relation  to  this 
subject,  this  assurance  was  given  Mr  Eve  verbally;  and  the  Under- 
signed is  happy  in  stating  to  Mr  Eve  that  the  President  has  been 
much  gratified  in  rec[e]iving  the  information  then  given  the  Under- 
signed that  his  Excellency's  condutit  and  policy  in  the  prosecution 
of  the  contest  with  Mexico  and  in  the  mode  of  warfare  adopted  by 


a  See  Calendar  of  Correspondenoe  witb  the  United  States;  Port  I. 


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180  AMERICAN  HISTORICAL  ASSOCIATION. 

him,  were  well  understood  by  Mr  Eve  and  that  they  had  obtained  his 
entire  sanction  and  approval. 

The  Attitude  towards  Texas  and  Mexico  now  assumed  by  the  Gov- 
ernment ol  the  United  States  as  the  leading  power  upon  the  continent 
of  America,  and  the  Conservator  of  those  high  principles  of  civiliza- 
tion and  humanity  regulating  the  mode  of  modem  warfare,  as 
acknowledged  by  all  Christian  States  in  the  pres^it  age,  being  in 
accordance  with  the  declared  views  and  wishes  of  this  government, 
the  Undersigned  is  further  instructed  to  assure  Mr.  Eve  that  the 
President  of  Texas  will  endeavor  by  every  means  in  his  power  to 
promote  and  render  effectual  the  great  end  and  ob^ct  which  the 
United  States  propose  to  themselves  in  taking  this  attitude 

The  Undersigned  avails  himself  with  much  pleasure  of  the  present 
occasion  to  renew  to  Mr.  Eve  the  assurance  of  the  great  respect  and 
esteem  with  which  he  has  the  honor  to  remain 
His  most  obt 

and  very  humble  Servant 

Signed  Anson  Jones 

Hon.  Joseph  Eve 

Charge  W  Affaires  of  the  U,  States 

etc  etc  etc 


Jones  to  Eve. 

Dept.  op  State, 
Washington  [Texas],  May  nth,  I84S, 
The  undersigned.  Secretary  of  State  of  the  Republic  of  Texas,  has 
the  honor  to  acknowledge  the  receipt  of  the  note  addressed  to  him 
by  Mr.  Eve,  on  the  28th.  ult.  in  relation  to  the  subject  of  coasting 
licences. 

Although  the  adoption  of  the  suggestion  of  Mr.  Eve,  in  regard  to 
this  matter,  might,  perhaps,  be  productive  of  much  general  con- 
venience and  benefit,  the  undersigned  nevertheless  conceives  that 
the  instruction  to  the  receivers  of  customs,  asked  for,  can  not  be 
given,  as  it  would  not  be  in  accordance  with  the  provisions  of  the 
fifth  section  of  an  act  of  the  Congress,  entitled  "An  Act  for  the  regu- 
lation of  the  Coasting  Trade  and  the  protection  of  Texian  Shipping", 
approved  January  4th.  1841.** 

The  imdersigned  avails  himself  of  this  occasion  to  renew  to  Mr. 
Eve  the  assurances  of  his  distinguished  consideration. 

(Signed)  AxsoN  Jones 

To  Hon.  Joseph  Eve, 

OhargS  d' Affaires  of  the  United  Staies, 

etc.  etc.  etc, 
Galveston. 


•Qammsl,  Law$  cf  Tnu,  11, 479. 


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COBBESPONDENCE  WITH  THE  UNITED  STATES.  181 

Ckawpord  TO  Porter." 


Porter  to  Leqare.*' 


Jones  to  Van  Zandt. 

Depabtmbnt  op  State, 

IWashington,  Texas,] 

June  Ut  ISJfi 
Hon.  Isaac  Van  Zanxtt 

Ch^vrgi  d*  Affaires  of  Terns 
Sir 

The  enclosed  documents  marked  from  A  to  [Fl  will  give  you  all  the 
information  in  the  possession  of  this  Department  concerning  certain 
outrages  recently  committed  npon  the  authorities  and  citizens  of  this 
country  by  officers  and  citizens  of  the  United  States. 

You  wiH  cause  information  of  the  same  to  be  laid  before  the  Gov- 
ernment of  the  United  States  at  your  earliest  possible  convenience, 
with  a  respectful  but  ui*gent  request  for  such  prompt  redress  as  the 
circumstances  of  the  cases  require. 
I  have  the  honor  to  be, 

with  high  consideration, 

Your  very  obedient  servant, 

(signed)  Anson  Jones. 

(The  documeiiis  accompanying  this  communication  were  copies  of 
the  following,  viz.*' 

1.  A  letter  from  Dist  Atty.  7th  Jud.  Dist.  redting  the  manner  in 
which  the  goods  etc.  were  taken  from  the  collector.     ' '  A.'' 

2.  The  petition  in  thfO  action  commenced  by  the  collector  in  the 
Dist.  Court  of  Red  River,  with  the  order  of  the  Judge  thereupon. 
' '  B. ' '     This  oontaiDs  a  description  of  the  goods  etc. 

3.  Letter  from  Secretary  of  the  Treasury,  enclofiing  certain  docu- 
ments relating  to  the  subject.  ''C."^ 

4.  Letter  from  collector  to  Sec'y  Treasury — reciting  the  History  of 
the  transaction.     D  ^ 

5.  Letter  to  collector  &om  Acting  Sec'y  of  the  Treiisury  '  *E."  / 

6.  Letter  from  acting  Secretary  of  Treasury  to  certain  traders. 

•  May  26, 1843.    See  Van  S^andt  to  Jones.  June  29.  l^O. 

»  May  37»  1843.    Sea  Via  Zaadt  to  Jones,  Jane  »« 1B4S. 

t  Wliat  follows  in  jMoenthesis  is  an  explanatory  statement  appended  to  the  copy  of  tke  letter. 

tf  TlilB  letter  has  not  "been  found. 

<  See  Calendar  onder  title  of  Bourland  to  Secretary  of  Treasury  of  Texas  {Shaw] ,  May  4, 1843. 

/  See  Calendar  under  title  of  Shaw  to  Bourland,  April  17, 1843. 

^Sec  Calendar  under  title  of  Bourland  to  Doak  &  Tims  and  others,  April  17, 1843. 


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182  AMEBIC  AN  HISTORICAL  ASSOCIATION. 

[The  communication  from  the  district  attorney  inclosed  with  the 
original  Department  of  State  letter  to  Van  Zandt  is  as  follows:]  ** 

Clarksville,  Texas,  May  1st,  I84S. 
To  Hon.  Anson  Jones, 

Secretary  of  State. 
Sir, 

The  enclosed  Petition  will  give  all  the  information  in  my  possession 
concerning  the  seizure  of  certain  Goods  etc.  imported  to,*  and  stored 
within  the  limits  of  this  Republic. 

It  becomes  my  duty  to  report  to  your  Department  the  manner  in 
which  said  Goods,  were  taken  from  the  possession  of  James  Bourland, 
the  Collector  of  Customs  for  this  District.  Captn.  Joseph  Scott,  the 
master  of  the  Steamer  Fort  Towson  mentioned  in  the  petition,  after 
learning  of  the  seizure,  and  before  the  issuing  of  the  monition  by  the 
Clerk  as  required  by  law,  proceeded  to  the  landing  at  which  said  goods 
were  stored,  and  then  in  possession  of  the  Collector,  and  together  with 
the  crew  of  his  own  vessel,  and  that  of  the  Steamer  Hunter,  consist- 
ing of  about  thirty  men  in  all,  after  seizing  the  Collector,  forcibly  took 
the  goods  out  of  his  possession,  and  reshipping  them  on  board  of  his 
vessel,  immediately  conveyed  them  off.  This  flagrant  violation  of 
the  requirements  of  good  neighborhood,  and  infraction  of  our  rights 
as  a  nation,  by  a  citizen  of  another  Government,  (the  United  States) 
was  accompanied  by  the  grossest  indignities  to  the  person  of  the  Col- 
lector Mr.  Bourland,  who  was  seized  by  this  lawless  band  of  ruflBans 
and  intruders,  forcibly  thrown  down,  and  tied  hand  and  foot,  and 
compelled  to  remain  in  that  degrading  situation,  until  they  completed 
their  robbery. 

I  have  conceived  it  my  duty  to  furnish  you  with  this  statement  of 
the  facts,  to  enable  you  to  take  such  steps  as  may  be  necessary  to 
obtain  redress  for  this;  and  prevent  the  recurrence  of  similar  out- 
rages; by  teaching  the  aggressors  what  fearful  risks  they  run,  by  an 
interference  with  the  rights  of  nations.  Something  should  be  done 
by  our  Government,  to  remedy  the  frequent  violations  of  the  rights 
of  both  our  Citizens,  and  Government.  The  citizens,  and  I  am  sorry 
to  add,  too  frequently  the  Officers  of  the  United  States,  forgetful  of 
the  principles  of  justice,  and  all  regard  for  treaty  stipulations,  trample 
upon  those  rights,  reckless  of  the  consequences  that  may  ensue  from 
embroiling  the  two  Countries;  careful  alone  of  their  own  personal 
safety,  and  arrogantly  insulting,  from  the  hope,  that  they  will  be 
shielded  by  their  own  Government. 

In  October  last,  a  Col.  Loomis,  the  Commandant  of  the  garrison 
at  Fort  Towson,  without  justification  or  provocation,  ordered  the 

a  See  Records  of  Department  of  State  (Texas),  Book  45,  p.  84. 


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COREESPONDENCE  WITH  THE  UNITED  STATES.  183 

destruction  of  a  number  of  Barrells  of  Whiskey,  the  property  of  Capt. 
Travis  G.  Wright,  (a  highly  respectable  and  worthy  citizen  of  tiiis 
RepubUc).  The  Whiskey  was  on  board  a  keel  boat,  upon  which  it 
had  been  freighted,  and  which  said  boat  was  discharging  freight  for 
the  Garrison,  at  Fort  Towson,  previous  to  proceeding  to  Captain 
Wrights  landing,  which  order  was  executed.  The  proofs,  I  am  happy 
to  learn  are  being  prepared  to  be  sent  to  your  Department. 

Whilst  every  exertion  is  being  used  to  enforce  the  treaty  stipula- 
tions governing  the  intercourse  of  the  two  countries,  by  the  authori- 
ties of  this,  I  can  hear  of  none  being  made  to  check  their  infraction  on 
the  part  of  the  United  States,  or  any  notice  taken  of  the  conduct  of 
offenders;  If  that  Government  were  notified  of  this  state  of  affairs, 
they  would  certainly  remedy  it. 
I  have  the  honor  to  be, 

Your  Obedient  Servt. 

Jessb  Benton  Jr. 

DisL  Attorney 
7th.  Judl  DisL 


[The  petition  of  Bourland,  also  enclosed  in  the  original  letter  to 
Van  Zandt,  is  as  follows :  ^] 

rTL,     T>  m«        r  To  the  Honorable  John  T.  Mills,  Judge 

The  Republic  op  Texas         -  . ,     a        xu  t  j    •  i  ri-  *  •  x  t> 
n      A     j-Ty  J  Ty-  \      01  the  Seventh  Judicial  District,  Pre- 

CourUy  of  Eed  Bwer  -j-      •    t  j  t:^     -^ 

^  -^  L     sidmg  m  Law  and  Eqmty. 

The  Petition  of  James  Bourland,  Collector  of  the  Customs,  in  and 
for  Red  River  District,  for  the  Republic  of  Texas,  aforesaid,  by  Jesse 
Benton  Jr.  Dis.  Attorney,  would  respectfully  show  and  represent 
imto  your  Honor;  that  on  or  about  the  fifteenth  day  of  March  in  the 
year  of  Our  Lord  One  thousand  eight  hundred  and  forty  three;  cer- 
tain Goods,  Wares,  and  Merchandise,  from  a  foreign  port,  and  from 
foreign  ports,  and  on  a  foreign  vessel  or  Steam  Boat,  called  and  known 
by  the  name  of  the  Fort  Towson,  were  imported  to  and  within  the 
limits,  and  boimds  of  the  CoUectoral  District,  aforesaid,  in  the  Repub- 
Uc of  Texas  aforesaid;  And  that  the  said  Goods,  Wares,  and  Merchan- 
dise, hereinafter  described  and  set  forth:  so  imported  and  introduced 
from  a  Foreign  Port  as  aforesaid,  by  and  on  and  upon  a  foreign  vessel 
or  Steam  Boat  called  the  Fort  Towson;  were  then  and  there  landed, 
imported,  and  introduced,  into  the  said  RepubUc  of  Texas,  at  a  certain 
landing,  port,  or  place  called  Rowland;  and  usuaUy  known  and  caUed 
by  the  name  of  Brierly's  ^  Landing,  the  same  being  in  Red  River 
County,  and  the  RepubUc  of  Texas,  aforesaid;  and  proceeded  to  land, 

a  Bee  Records  of  Department  of  State  (Texas),  Book  45,  pp.  86-89. 
b  The  correct  spelling  is  Bryarly. 


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184  AMEBICAN   HISTORICAL  ASSOCIATION. 

deposit,  and  store  the  said  Goods,  Wares,  and  Merchandise  as  above 
mentioned;  without  then  and  there,  and  in  the  necessary  and  duo 
time  required  by  the  Laws  of  the  Republic  of  Texas;  and  the  Laws 
regulating  the  Revenue,  and  for  the  collection  of  the  impost  duties, 
for  the  same;  making  a  written  report,  and  entry  of  the  said  Goods, 
Wares,  and  Merchandise,  to  the  said  Collector  of  the  Customs,  for  the 
said  District,  or  his  legally  authorized  Officer,  in  accordance  to  law; 
and  without  making  a  report  to  him,  of  the  same;  and  did  fail  to 
make  a  proper  manifest  in  writing,  containing  and  presenting  the 
marks,  numbers,  contents,  and  packages  and  of  all  the  different 
packages,  or  parcels  of  Goods,  Wares,  and  Merchandise;  so  imported, 
introduced,  and  landed  by  the  said  Steam  Boat  called  the  Fort  Tow- 
son;  and  the  place  where  the  said  Goods,  Wares,  and  Merchandise, 
were  taken  on  board,  and  shipped  at;  together  with  the  name  and 
description  of  said  Boat,  her  burthen  and  tonnage  etc;  together  with 
the  name,  of  the  Consignees  of  all  the  same,  to  the  Collector  of  the 
Customs  in  and  for  said  District,  and  the  Republic  aforesaid;  within 
the  time  required  by  the  laws  of  Congress,  regulating  the  collection 
of  the  Revenue  by  Impost  Duties,  and  entitled  an  Act,  **  Altering  the 
several  Acts  to  raise  a  Public  Revenue  by  Lnpost  Duties,"  which 
recites;  that  **all  duties  accruing  to  the  Republic  imder  this  Act,  and 
which  may  be  levied  and  assessed  on  Goods,  Wares,  and  Merchandise, 
imported  into  the  territory  of  the  Republic,  shall  be  paid  to  the  Col- 
lector of  the  port,  district,  or  station,  in  cash,  at  the  time  of  such 
importation,  on  proper,  and  lawful  entry  thereof  being  made,  to  the 
Collector,  or  proper  Officer  of  the  Customs,  which  cash  payment  must 
be  made  in  Gold  or  Silver,  or  in  the  Exchequer  Bills  of  this  Govern- 
ment; and  it  shall  not  be  lawful,  for  the  Officer,  or  Collector  of  the 
Customs,  to  deliver  or  permit  the  delivery  of  any  goods,  wares,  or 
merchandise,  to  any  Consignee,  Agent,  or  proprietor,  thereof,  except 
in  the  manner  herein  provided,  unless  the  amoimt  of  Duties  accruing 
thereon  shall  first  have  been  paid  to  the  Collector,  or  proper  Officer 
of  the  Customs,  appointed  by  such  Collector  to  receive  the  same." 

And  your  petitioner,  would  further  respectfully  represent  unto  your 
Honor,  that  the  said  Goods,  Wares,  and  merchandise,  as  heretofore 
stated,  having  been  so  imported,  landed,  and  introduced  from  a 
foreign  port  or  ports,  by  the  Steam  Boat  Fort  Towson,  as  aforesaid ; 
and  landed  and  deposited  within  the  limits  and  territory  of  the  said 
RepubUc  of  Texas,  without  a  proper  entry  thereof  being  made,  in 
the  time  and  manner  required  by  law;  and  the  duties  on  the  same, 
in  accordance  to  the  law  in  such  cases  made  and  provided ;  not  having 
been  paid,  as  aforesaid ;  And  your  petitioner  having  reason  to  suspect, 
that  the  same,  and  aforesaid  mentioned  goods,  wares,  and  merchan- 
dise were  subject  to  duty;  and  that  the  same  were  concealed,  and 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  185 

deposited  in  a  store  house,  in  the  territory  and  limits  of  said  Republic; 
he  proceeded  by  a  warrant  granted  by  and  from  a  proper  Officer,  and 
proceeded  to  search  for  the  same,  on  or  about  the  twenty-sixth  day 
of  March  A.  D.  1843;  when  the  following  goods,  wares,  and  merchan- 
dise, packages,  and  parcels,  all  being  subject  to  duty,  were  found 
deposited  and  stored,  at  the  above  named  place  or  town  called  Row- 
land, also  usually  known  and  called  Brierly's  Landing,  on  Red  River, 
the  same  being  in  Red  River  County,  and  within  the  limits  and  the 
Territory  of  the  Republic  of  Texas,  which  were  then  and  there  seized 
by  him,  in  accordance  to  the  Law:  Viz 

[Here  follows  the  invoice.**] 

Alt  of  which  parcels,  and  packages  of  goods,  wares,  and  merchan- 
dise, as  ^bove  named  and  described,  were  seized  and  secured  in 
accordance  to  Law.  And  your  Petitioner  would  fiuUier  represent 
unto  your  Honor,  that  conceiving  the  above  mentioned  goods  to  be 
forfeited,  imder  the  Law  in  this  case  made  and  provided;  inasmuch 
as  the  Duties,  upon  the  same  were  not  paid  to  the  Custom  House 
Officer,  for  said  District;  nor  entered  with  the  proper  officer  as 
required  by  Law;  your  petitioner,  would  therefore  respectfully 
request  of  your  Honor,  that  you  do  issue  a  decree,  ordering  the  said 
Goods,  wares,  and  Merchandise,  as  aforesaid  to  be  libelled,  and  prose- 
cuted in  the  proper  Court,  having  cognizance  of  the  same;  and  that 
the  owners  of  said  vessel  on  Steam  Boat,  and  claimants  of  said  goods, 
wares,  and  merdiandise,  whoever  they  may  be,  to  be  cited  to  appear 
before  your  Honors  Court,  and  respond  and  answer  to  the  same;  as 
by  law  they  are  required  to  do ;  And  that  Judgment  be  then  and  there 
rendered  in  the  same  etc.;  and  your  Petitioner  as  in  duty  bound  will 
ever  pray  etc. 

Jamss  Boubland,  Collector 

by 

Jesse  Benton  Jr.  Dis.  AU'y 

7th.  Judl  Dist. 


Van  Zandt  to  Legab£.'> 


Leqar6  to  Van  Zandt.  <^ 


Memorial  of  Cooper,** 


«  See  U.  8.  Pub.  Docs.,  449,  Doc.  1,  p.  94;  Und.,  463,  Doe.  2,  p.  94. 
6  June  1 ,  1843.    See  Van  Zaodt  to  Jones,  June  5, 1843. 
e  June  1 ,  1843.    See  Van  Zandt  to  Jones,  June  29, 1843. 
d  Undated.    See  Van  Zandt  to  Jones,  June  5, 1843. 


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186  AMEBICAN  HISTORICAL  ASSOCIATtON. 

Van  TtAnnyr  to  Jones.* 

Despatch  No  101  * 

Salem  Tenn  5th  June  I84S 
Hon  Anson  Jones 

Secretary  of  State 

etc,  etc,  etc. 
Sm 

I  have  the  Honor  to  enclose  you  a  copy  of  the  letter  of  Mr  Legare 
Secretary  of  State  of  the  United  States  ad  interim  and  a  copy  of 
the  letter  of  D  D  Mitchell  Supt.  In<^  Affairs  at  St  Louis  which  accom- 
panied the  letter  of  Mr  Legare  both  of  which  treat  in  relatfon  to 
an  assemblage  of  armed  persons  on  the  Western  borders  of  the  United 
States  who  it  is  alledged  are  acting  under  and  by  authority  of  com- 
missions issued  by  the  Government  of  Texas  lo  Col  Warfield  and 
others.  Having  no  information  from  your  department  in  relation 
to  this  subject  you  will  perceive  from  my  note  in  reply  to  Mr  Legare 
that  I  have  not  commited  my  Grovt  in  any  manner  in  relation  to 
the  same  A  copy  of  my  note  to  Mr  Legare  dated  June  1st  is  here- 
with submited  for  your  information.  I  hope  I  shall  be  favored 
with  a  reply  and  the  instructions  of  your  department  concerning  the 
same  at  the  earliest  day  possible. 

I  enclose  you  a  copy  of  the  petition  of  Joseph  Cooper  Gun  maker 
of  the  City  of  New  York  in  which  he  states  Genl  Hunt  is  indebted 
to  him  a  large  sum  for  arms  etc.  which  he  prays  may  be  paid  by  the 
Texian  Government  I  wrote  Mr  Cooper  in  reply  in  which  I  expressed 
the  opinion  that  the  contract  from  his  own  showing  as  well  as  other 
circumstances  known  to  me  was  a  private  one  and  would  not  likely 
be  met  by  the  Govt  but  that  the  same  would  be  submited  by  me  to 
your  department  for  its  information.  I  deem  it  unnecessary  to  add 
any  thing  further  in  relation  to  the  petition  as  its  showing  is  suffi- 
ciently explicit 

:|c  *  *  *  *  *  *  d 

I  remain  with  great  Consideration  your  very  Obt  servant 

Isaac  Van  Zandt 

(private) 

I  have  said  the  letter  of  Mr  Legare  and  that  of  D  D  Mitchell  are 
enclosed.     I  did  not  think  it  necessary  to  send  a  duplicate  copy  as 

aA.L.S. 

b  Properly  1Q2.  •  Van  Zandt  to  Jones,  May  3, 1843,  had  been  nombered  101. 

c  Indian. 

d  The  matter  omitted  here  relates  to  Van  Zandt's  salary. 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  187 

Mr  Raymond  sent  a  copy  direct  from  Washington  which  you  will 
please  consider  a  portion  of  this  dispatch.  (I  mean  the  copies  of 
the  letters  alluded  to.**) 

[Inclosed  is  a  copy  of  Van  Zandt  to  Legar^;  June  1,  1843.^] 


To  his  Excellency,  the 

Minister  of  Texas 

at  Washington  etc  etc 

The  memorial  of  Joseph  Cooper  of  the  City  of  New  York,  Gun 
Maker 

Respectfully  showeth  That  in  the  year  one  thousand  eight  hundred 
and  thirty  six,  your  memorialist  Joseph  Cooper  was  applied  to  by 
General  Memucan  Hunt  to  furnish  fire  arms,  swords  and  ammunition 
to  be  used  by  the  Texian  Army,  and  trusting  in  the  honor  and  state- 
ments of  the  said  Genl.  Memucan  Hunt  your  memorialist  was  induced 
to  agree  to  furnish  the  same  and  General  Hunt  handed  your  memo- 
rialist several  promissory  notes — the  payment  whereof  were  also 
guaranteed  in  ¥rriting  by  the  Honorable  J  Pinckney  Henderson,  his 
guarantee  being  in  the  following  words: 

*'Know  all  men  by  these  presents  that  whereas  one  hundred  and 
sixty  promissory  notes  are  this  day  made  by  Major  General  Memucan 
Himt  of  the  Texian  army  of  five  himdred  and  eighty  dollars  each, 
payable  at  the  Bank  of  America  in  the  City  of  New  York  to  the 
order  of  H.  S.  Foote,  due  two  years  after  date,  Now  I  J.  Pinckney 
Henderson  being  jointly  interested  with  said  Hunt  in  raising  of  the 
money  designed  to  be  raised  upon  said  notes  for  the  benefit  of  the 
cause  of  Texas,  do  hereby  in  consideration  of  the  same,  guarantee  the 
faithful  payment  of  the  same,  assuming  aU  responsibility  in  relation 
to  the  liquidation  of  said  notes  anterior  to  aU  the  endorsers  who 
may  successively  endorse  the  same:  and  do  hereby  absolutely  pledge 
my  estate  both  real  and  personal  in  behalf  of  said  liquidation,  so 
as  to  secure  the  punctual  payment  of  all  of  said  notes,  and  thereby 
entirely  liberate  all  endorsers  whatever  from  all  responsibility  and 
shield  them  effectually  against  all  pecuniary  detriment,  each  of 
which  promissory  notes  are  of  the  same  tenor  and  date,  and  amount 
in  the  aggregate  to  the  sum — ^ninety  two  thousand  dollars. 

Witness  my  hand  this  twenty  ninth  day  of  September,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty  six. 

J.  Pinckney  Hendebson'' 

a  For  these  letters,  see  Raymond  to  Jones,  May  12, 1843. 

b  See  Calendar  of  Correspondence  with  the  United  States,  Part  I 


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188  AMERICAN  HISTORICAI,  A8SOCIATTON. 

And  your  memorialist  shows  that  he  furnished  to  General  Himt 
as  far  as  it  was  possible  at  the  time  snch  fire  arms,  swords  and  ammu- 
nition as  follows: 

H.  1.3.  3  casee  containing 

50  United  Statee  Carbines  a  |25 $1250. 

12  moulds  for  ball  and  buck  shot  $1.50 18. 

50  M  large  Percuasion  cape  $1 50. 

3  boxed 6 

4.5  2  casee  containing 

50  beet  cavalry  ewordfl  $6 300 

2  boxes  and  Cartage 3 

6.10.  5  cases  muskets  containing 

100  United  States  muskets  and  bayonets  (ft  $6 eOO. 

5  casiB  and  cartage 7 


$2234. 


And  your  memorialist  shows  that  though  he  holds  nineteen  of  the 
one  himdred  and  sixty  promissory  notes  mentioned  in  the  guarantee 
of  J  Pinckney  Henderson,  yet  be  has  no  right  over  the  same,  except 
to  the  extent  of  the  above  balance  of  Two  thousand  and  two  hundred 
and  thirty  four  dollars,  and  he  is  willing  to  give  up  all  the  notes  if  he 
can  be  paid  what  is  justly  due  to  him. 

Your  memorialist  was  obliged  on  account  of  General  Himt  not  pay- 
ing the  account  or  any  of  the  notes  to  sue  General  Hunt  in  New 
Orleans,  whose  bail,  however,  took  advantage  of  an  act  then  lately 
passed ;  and  your  memorialist  instead  of  securing  any  part  of  his  debt 
has  to  pay  his  lawyers  a  large  amount  for  fees. 

Although  he  has  made  urgent  request  of  General  Htmt  to  pay  or 
cause  the  said  amoimt  due  to  him  to  be  paid,  and  though  application 
has  been  made  to  the  surety  General  Henderson,  yet  the  debt  has 
been  in  no  way  paid,  although  your  memorialist  has  been  greatly 
distressed  for  the  want  of  money ;  that  he  is  now  over  sixty  jrears  of 
age;  and  will  not  be  able  to  pay  his  honest  debts  unless  the  above 
account  be  paid  to  him. 

And  your  memorialist  shows  that  inasmuch  as  the  said  fire  arms, 
swords  and  ammunition  were  ordered  for  and  used  by  the  Texan 
Government,  therefore  it  is  respectfully  urged  and  asked  that  the 
Texas  Government  should  through  your  Excellency,  cause  or  take 
such  measures  that  the  said  account  may  be  paid. 

Your  Memorialist  prays  accordingly  that  your  Excellency  will  take 
such  measures  as  will  secure  to  your  memorialist  and  his  family  the 
said  amount  of  Two  thousand  Two  himdred  and  thirty  four  Dollars. 

(signed)  Joseph  Cooper 

(Copy) 


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COBRESPONDENCB  WITH  THE  UNITED  STATES.  189 

«k>N£8  TO  Van  Zandt.* 

Department  of  State 
Washington  [TVa^cw],  June  8th,  1843. 
Hon.  I.  Van  Zandt 

Charge  d^  Affaires 
Sir, 

I  have  the  honor  to  acknowledge  the  receipt  of  Mr.  Raymond's 
letter  to  this  Department,  under  date  of  the  12th  Ulto.  with  the 
accompanying  documents,  in  relation  to  certain  acts  of  Col.  Warfield. 

Enclosed  I  send  you  a  copy  of  the  instructions  given  to  Col^  War- 
field  by  the  Secretary  of  War  and  Marine  in  August  last,^  siiskce  which 
time  the  Ck>vemment  Qi  Texas,  has  hftd  no  communication  with  tJ^at 
GentlMnan.  Indeed  \mtill  very  recently  it  had  supposed  that  Um 
proposed  expedition  of  Col.  Warfield  had  beeA  long  since  abaadooed. 
When  ho  received  his  eommissioQ  and  these  instructioiui,  the  Grovem* 
ment  was  led  to  believe  that  he  would  act  immediat^y,  and  the 
object  of  giving  him  his  powers  was  to  make  a  diversion  through  Ms 
agency,  so  as  to  favor  the  expeditiooi  which  [it}  wae  anticipated  would 
cross  the  Rio  Grande  in  the  fall,  and  after  ooeupying  Santa  F4  (which 
is  in  our  declared  limits)  to  fall  down  and  form  a  junfitioik  with  the 
leader  of  that  expedition.  From  his  not  having  acted  at  the  con- 
templated period,  therefore,  the  presumptioa  was  that  he  had 
abandoned  his  expedition. 

Yon  will  pereieve  that  the  instructions  to  Col.  Warfield  in  no  respect 
autiiorize  his  enlisting  men  and  oi'gmuing  an  expedition  within  the 
limits  of  the  United  States,  and  thi»  government  disclaims  giving 
its  sancticm  to  any  act  ol  Col.  Warfield,  which  should  violate  the 
rights  or  hazard  the  neutral  obUgatkms  of  the  United  Stsjte». 

The  enclosed  letteor  from  the  Department  of  War  and  Marine  you 
will  forward  to  Mr.  Warfield  whenever  you  can  ascertain  his  locality. 
Upon  his  receipt  of  the  same  it  will  opiate  as  a  notification  to  him 
that  all  powers  heretofore  granted  him  by  this  Goverameat  hav^  been 
revoked.* 

On  receipt  of  this  dispatdn^  you  will  address  the  Department  of 
State  of  the  United  States,  grnng  the  explanations  authorized  above 
and  communicating  tiia  fact  tbiat  the  letter  revoking  tha  powero 
granted  to  Mr.  Warfldd  has  been  sect  him. 
I  have  the  honeor  to  be  * 

with  the  h^hest  respect 
YowrMo.Obt.Svt. 

@ig])«d)  Anson  Jones 

a  Angust  16, 1842.    See  Calendar  of  Corrospondenoe  with  the  United  States,  Fart  I. 
»Nb  copy  of  this  letterl^iM  been  (taBd. 


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190  AMERICAN  HISTORICAL  ASSOCIATION. 

Eve  to  President  of  Texas  [Houston.]  *» 


Eve  to  Jones.'' 

[Transmitting  Eve's  letter  of  recall  and  his  address  to  President 
Houston,  June  10,  1843.    The  address  follows:] 


Galveston 
June  10th.  I84S 
Mr.  President, 

I  am  instructed  by  the  Secretary  of  State  of  the  United  States,  in 
taking  leave  of  your  Government  to  avail  myself  of  the  occasion,  to 
express  to  you  assurances  of  the  continued  good  will  of  the  President 
of  the  United  States  towards  the  Republic  of  Texas — ^And  his  desire 
to  preserve  and  improve  the  relations  of  harmony,  so  happily  sub- 
sisting between  the  two  countries,  which  I  pray  God  may  continue  to 
exist.  Were  I  to  stop  here  Mr.  President  without  expressing  my 
gratitude  for  your  kindness,  and  that  of  the  people  of  Texas  to  me, 
I  should  do  injustice  to  my  own  feelings.  The  courtious,  and  uncere- 
monious manner  with  which  you,  and  each  member  of  your  Cabinet 
have  received  me  in  public,  as  well  as  our  private  intercourse,  calls 
from  me  most  sincerely  the  expression  of  my  thanks.  And  whereever 
my  future  destiny  may  place  me,  the  Government  and  people  of 
Texas,  will  have  my  warmest  wishes,  for  the  success  of  their  just 
cause,  their  prosperity,  and  happiness.  I  will  further  say  Sir  that  I 
trust,  and  hope  the  day  is  not  distant,  if  Mexico  shall  not  yield  to 
the  remonstances  of  friendly  foreign  powers,  and  acknowledge  the 
independence  of  Texas,  that  my  Government  being  the  oldest  on  this 
continent,  will  pursue  the  example  of  the  leading  European  powers 
on  that  continent,  and  say  to  Mexico,  the  war  you  are  waging  is 
hopeless,  you  are  conducting  it  in  an  nnchristian  manner,  and  not 
according  to  the  usages  of  international  law,  with  Christian  people, 
that  it  is  an  useless  waste  of  human  life,  and  is  daily  producing  indi- 
vidual suffering,  that  it  interrupts  and  harrasses  the  commercial 
relations  of  every  coimtry,  and  more  especially  that  of  the  U.  States. 
Therefore  you  must  cease  your  hostile  operations. 

It  is  now  more  than  seven  years  since  the  declaration  of  your  inde- 
pendence, which  I  consider  to  have  teen  perfected  on  the  glorious 
and  memorable  field  of  San  Jacinto,  where  you  sir  in  the  van  of  your 
gallant  comrades,  acquired  a  fame  that  time  cannot  take  from  you. 
The  mercy  and  humanity  displayed  on  that  occasion  to  a  foe  that  had 
never  shown  either,  adds  a  glorioxis  lustre  to  the  victory  of  that  day. 
The  hitherto  victorious  Santa  Anna,  whose  hands  were  imbrued  with 

a  A.  In,  June  10, 1S43.    See  Eve  to  Jones  of  the  same  date.  ^  A.  L.  S.,  June  10, 1843. 


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COEBESPONDENCE  WITH  THE  UNITED  STATES.  191 

the  blood  of  your  countrymen,  who  had  perfidously  violated  the  terms 
of  capitulation  entered  into  by  the  lamented  Fannin,  who  in  viola- 
tion of  the  laws  of  justice,  humanity,  and  of  Gpd,  caused  him  and 
his  gallant  companions  to  be  slain  in  cold  blood.  He  had  justly  for- 
feited his  life,  yet  History  will  record  that  you  spared  this  monster 
of  blood,  when  in  your  power,  and  that  this  great  victory,  was  not 
stained  by  a  single  act  of  violence  or  of  bloodshed.  This  act  alone 
should  entitle  you  to  the  admiration  of  posterity. 

You  have  Mr.  President  a  beautiful  and  most  desirable  country, 
your  climate  is  fine,  the  soil  equal  to  any,  and  rewards  the  husband- 
man with  a  boimtious  plenty,  your  vast  prairies  with  its  perpetual 
verdure  affords  inexhaustable  grazing  for  the  herdsman.  You  have 
fine  navigable  streams.  With  all  these  advantages  a  few  years  peace, 
with  a  wise,  economical  and  energetic  administration  of  the  affairs 
and  the  laws  of  the  country,  will  make  Texas,  '^rich,  happy,  and 
Free'' 

Altho,  Texas  has  for  some  time  labored  imder  every  disadvantage, 
produced  from  causes  beyond  her  control,  in  a  great  degree,  her 
population  has  steadily  increased  and  will  continue  to  increase,  your 
agricultural  wealth  has  been  developed,  in  a  ratio  not  surpassed  by 
any  country.  Whilst  Mexico  in  the  oppression  of  her  people,  disre- 
gard of  law,  and  order  and  internal  convulsion,  has  shown  her  unfit- 
ness, to  render  happy  and  secure  any  people.  The  inteUigence  of 
your  people,  and  the  great  natural  advantages  of  the  country,  does 
not  leave  a  doubt  that  Texas  is  destined  to  take  a  proud  rank  amidst 
the  Republics  of  America,  unless  her  onward  course  be  retarded  by 
folly,  and  unwise  Government.  The  race  from  which  we  have 
descended,  forbid  the  idea,  that  the  cause  of  civilization,  and  free 
government  will  fail  in  their  hands 

Mr.  President  you  have  been  a  second  time  called  by  the  suffrage 
of  a  large  majority  of  your  fellow  citizens  to  preside  over  the  destinies 
of  this  young  and  rising  Republic.  And  altho  you  have  been  sur- 
rounded by  difficulties  seldom  met,  in  the  administration  of  affairs, 
I  doubt  not  you  will  close  your  administration  in  a  maimer  most 
satisfactory,  to  your  countrymen,  and  .those  who  feel  an  interest  in 
Texas  abroad,  and  that  you  will  add  to  a  fame  so  hardly  won.  You 
have  my  prayers  for  your  success  in  behalf  of  your  Country,  as  well 
as  individually 

I  have  the  honor  to  be  with  great  consideration 
Sir 

Your  obedient  Servant 


Jones  to  Van  Zandt.* 


a  Jane  10, 18^,    ApopjrolJonestoamiUioftbeswnedate.    See  Calendar  of  Correspondenoe  with  Great 
Britain. 


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192  american  historical  association. 

Jones  to  Van  Zandt.*» 

DfiPARTMRNT  OF  StATS, 

WashingUm  [Tdwwl,  Jum  15th,  1843. 
Hon.  Isaac  Van  Zandt, 

Charge  d^  Affaires  of  Texas 
etc.  etc.  etc 
Sir, 

Since  my  communication  to  you  of  the  10th.  Inst.,  infonnation  has 
been  received  from  Mexico,  through  H.  B.  M.  Charg*  d'AflFaires  near 
this  Grovt.  that  Gen.  Santa  Anna  has  given  orders  for  a  cessation  of 
hostQities  on  his  part,  and  that  he  would  agree  to  an  Armistice  with 
Texas,  and  receive  Commissioners  to  treat  on  terms  of  peace. 

Copies  of  the  several  documents  in  relation  to  this  matter,  together 
with  the  Presidents  Proclamation  of  an  Armistice  are  herewith 
endosed  for  your  information.* 

As  this  information  somewhat  alters  the  aspect  of  our  affairs,  you 
will  defer  for  the  present,  communicating  the  '* Declaration''  which 
you  were  instructed  to  make  to  tfaje  Government  of  the  United  States, 
in  my  despatch  to  you  of  th«  10th.  Instant. 
I  have  the  honor  to  be. 

With  the  highest  regard. 

Your  very  Obt.  Servt. 

Anson  Jones 

P.  S.  There  will  be  no  impropriety  perhaps  in  yovu:  letting  Mr.  Legare 
have  the  perusal  of  my  whole  despatch  of  the  10th.  Inst.^  as  it  indi- 
cates the  course  which  this  Govt,  may  have  to  pursue  in  the  event  of 
the  negotiations  with  Gen.  Santa  Anna  failing. 

A.  J. 

(Duplicate  sent  to  A.  Smith,  Esqr.) 


Murphy  to  Secretary  op  State  [Leoab£]. 


Van  25andt  to  Jones.* 

Despatch  102  « 

Legation  of  Texas  in  the 
Uncted  States  Franklin  County  Tenn 

Si9(h  June  1843 
Hon  Anson  Jones 

Secretary  of  State  of  Texas 
Sir 

I  have  the  honor  to  acknowledge  the  receipt  of  ymxr  Official 
Communications  of  the  8  and  9th  Ultimo.    In  regard  to  that  portion 

.....      Ill     .11        1,         HI      '■■iii»  HI  ■■         ■      I  m.  I     ■      ■    II 

a  Copied,  mutatia  mutandit,  from  Jones  to  Smith  of  the  same  date.  See  Records  of  DepartniBot  of 
State,  Texas,  Book  44,  p.  160. 

b  No  copies  were  made  for  preservation  In  the  Texan  archives.  For  the  proClamstf<Ki,  ivlijdh  viu  ^guti 
June  16, 1843,  see  The  Morning  Star  (Houston).  June  20^  1MB. 

e  June  10, 1843.    See  Calendar  ot  CorrBSEKmdence  with  the  United  States  in  Part  I. 

dL.S. 

e  Properly  103.    See  Van  Zandt  to  Jones,  June  5, 1843}  note. 


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CORBBSPONDENCB  WITH  THE  UNITED  STATES^  193 

of  the  same  which  relates  to  negroes  of  Mr  Bobinson  alledged  to  have 
been  carried  off  by  the  Indians  of  the  United  States  I  find  the  follow- 
ing to  be  the  situation  as  appears  from  the  records  of  this  legation. 
Mr  Amory  in  the  absence  of  Mr  Bee  on  the  19th  of  May  1841 
addressed  Mr  Webster  a  communication  on  the  subject  submiting 
Mr  Bobertsons  statement  (which  I  suppose  similar  to  the  one  now 
made)  and  requesting  the  restoration  of  the  two  negro  slaves  to  their 
owner  the  punishment  of  the  offenders  and  remuneration  for  all  other 
injuries  to  Mr  Bobertson  and  his  property.  On  the  7th  October  same 
year  Fletcher  Webster  Acting  Secretary  of  State  replied  by  stating 
that  the  matter  had  been  refered  to  the  War  Department,  that  the 
Secretary  of  War  had  considered  and  reported  upon  the  same,  a  copy 
of  whose  report  was  submited  to  Mr  Amory.  The  Secretary  of 
War  in  his  report  says  that  there  is  no  evidence  whatever  submited 
that  the  Indians  who  commited  the  depredations  were  from  the 
United  States  and  argues  that  the  probability  is  they  were  Indians 
belonging  to  Texas  He  states  that  the  SSrd  Article  of  the  treaty 
does  not  require  the  restoration  of  property  and  only  contemplates 
the  prevention  of  hostilities  and  return  of  captives.  That  the  United 
States  could  only  use  persuasive  measures  with  the  Indians  to  procure 
a  restoration  of  property  and  if  they  failed  Mr  Bobertsons  remedy 
would  be  indemnification  by  the  Grovt  to  be  settled  by  negotiation 
He  further  states  that  ["]in  regard  to  the  two  negroes  if  it  be  found 
that  they  are  the  property  of  Mr.  Bobertson  and  that  they  were 
brought  from  Texas  by  United  States  Indians  considering  them  as 
captives  the  33rd  Article  of  the  treaty  with  Mexico  would  require 
them  to  be  restored''  He  then  goes  on  to  state  the  act  of  April  20th 
1818  «  which  makes  it  penal  to  bring  hold  or  sell  a  slave  from  any 
other  country  etc  and  closes  by  saying  that  ''under  the  provisions  of 
this  act  if  the  negroes  belong  to  Mr  Bobertson  whether  they  were 
captured  by  our  Indians  or  not  imless  they  are  fugitives  they  would 
have  to  be  given  up  and  those  who  brought  them  into  the  country  and 
now  hold  them  would  be  liable  to  be  prosecuted  and  to  the  penalty 
of  this  act" 

Mr  Amory  replied  on  the  llth**  of  October  1841  say[ing]  that  "as 
the  Govt  of  the  United  States  still  keeps  the  question  of  proof  of  the 
wrong  refered  to  open  and  upon  that  account  declines  admiting 
to  their  full  extent  the  justice  of  the  complaint  of  Ifidian  aggressions 
that  he  will  advise  his  Government  of  the  position  in  which  the  matter 
now  stands  so  that  the  most  irrefragible  evidence  may  be  furnished 
etc" 

On  the  12th  of  the  same  last  mentioned  month  and  year  Mr  Amory 
laid  the  whole  subject  before  the  Govt  of  Texas  with  the  suggestion 

a  UidUd  8taU9  StahUea  at  Large,  HI,  451-453. 

b  Or  the  12th.    See  U.  S.  Pub.  Docs.,  600,  Doc  14,  p.  66,  where  the  letter  is  printed. 

30728'*— VOL  2.  PT  1—11 ^13 

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194  •         AMEBICAN  HISTORICAIi  ASSOCIATION. 

that  all  the  evidence  possible  should  be  procured  in  relation  to  this 
and^other  Indian  aggressions  and  laid  before  the  United  States 
Charge  in  Texas  or  communicated  to  this  I^ation  Since  that  time 
the  matter  has  rested  so  far  as  any  thing  appears  among  the  papers 
or  upon  the  records  of  this  Legation. 

The  United  States  appear  to  be  willing  to  consider  them  as  captives 
or  as  slaves  brought  into  the  coimtry  in  violation  of  law.  Mr  Amory 
seems  to  have  sent  the  original  statement  of  Mr  Robinson  and  all 
the  other  evidence  if  there  was  any  to  the  Secretary  of  State  of  the 
United  States.  From  these  facts  I  think  it  best  that  the  matter 
should  be  referred  to  Mr  Robinson  that  he  may  obtain  all  the  proof 
possible  before  the  subject  is  brought  up  again  Entertaining  this 
view  I  shall  let  the  matter  rest  here  imtill  I  shall  hear  again  from 
your  Department  in  relation  to  the  same,  when  I  shall  without  delay 
proceed  in  accordance  with  your  instructions  should  you  submit 
them  for  my  guidance 

I  enclose  you  a  copy  of  a  communication  reed  from  Mr  Legare 
Acting  Secretary  of  State  in  reply  to  my  note  of  the  3d  of  February 
last  in  relation  to  the  conduct  of  A  M  M  Upshaw  Indian  Agent  and 
the  accompanying  dociunents  enclosed  by  Mr  Legare  I  thought  it 
only  necessary  to  acknowledge  their  receipt  and  advise  Mr  Legare 
that  the  same  was  transmitted  to  my  Government  for  its  information. 

The  complaint  against  the  whiskey  shops  upon  the  line  on  the 
Texian  side  has  been  frequently  made  to  the  War  Department  here 
as  I  have  been  told  by  the  Secretary  of  War.  If  our  Government 
has  the  power  to  prevent  the  sale  of  whiskey  to  the  Indians  along 
the  line  I  have  no  doubt  its  exercise  in  suppressing  the  traffic  would 
be  attended  with  the  most  salutary  effects 

I  start  this  day  for  Washington  with  my  family  I  go  by  private 
conveyance.  In  granting  me  leave  of  absence  you  suggest  the 
months  of  August  and  September  but  say  I  must  leave  at  such  time 
as  will  be  least  detrimental  to  the  public  service.  I  have  been  gov- 
erned by  the  last  suggestion  The  President  and  most  of  his  Cabinet 
being  now  absent  from  the  seat  of  Government  I  deemed  it  best  to 
avail  myself  of  the  occasion  to  visit  my  family  during  their  absence. 
I  hope  to  be  able  to  reach  there  by  their  retiurn. 
With  high  regard  your 
Most  obt  sevt 

IsAAO  Van  Zandt 

[Inclosed  are  copies  of  the  following:*  Upshaw  to  Crawford,  April 
15,  1843;  Crawford  to  Porter,  May  26,  1843;  Foster  to  Legar6, 
May  27,  1843;  Legarfi  to  Van  Zandt,  J-me  1,  1843.] 

•  Here  is  omitted  a  paragraph  relating  to  Van  Zandt's  salary. 

h  See  Calendar  of  CorreBpondenoe  with  the  United  States  in  Part  I. 


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obrrespondencb  with  the  united  states.  195 

Van  Zandt  to  Legae^.* 


Jones  to  Van  Zandt. 

Department  op  State 
WasUngton  [Texas]  July  6th  184S 
Hon.  Isaac  Van  Zandt 

Chargi  d' Affaires  of  Texas  etc 
Sm, 

In  a  communication  from  this  department  addressed  you  on  the 
10th  day  of  February  last  you  were  instructed  to  give  to  the  Secre- 
tary of  State  of  the  United  States  certain  verbal  assurances  in  rela- 
tion to  the  subject  of  the  annexation  of  Texas  to  that  government, 
and  authorized  on  the  happening  of  certain  contingences  to  enter 
into  some  preliminary  negotiations  in  relation  to  this  subject,  etc. 

The  United  States  having  taken  no  definite  action  in  this  matter, 
and  there  now  being  an  increased  prospect  of  an  adjustment  of  our 
difficulties  with  Mexico,  the  President  deems  it  adviseable  to  take 
no  further  action  at  present  in  reference  to  annexation,  but  has 
decided  to  await  the  issue  of  events  now  in  progress,  and  to  postpone 
that  subject  for  future  consideration  and  for  such  action  as  circiun- 
stances  may  (hereafter)  render  most  expedient  for  the  interests  of 
this  coimtry. 

It  is  believed  that  the  settlement  of  our  difficulties  with  Mexico 
and  the  acknowledgement  of  our  independence  by  that  power  will 
very  much  simplify  the  question  of  the  annexation  of  Texas  to  the 
United  States,  and  if  after  this  event  Texas  should  continue  to  desire 
this  annexation,  a  treaty  for  the  purpose  would  be  more  likely  to 
succeed  and  to  meet  with  favor  from  the  people  of  the  United  States, 
than  if,  as  now,  that  question  were  embarrassed  with  a  question  and 
involved  the  contingency  of  a  war  between  that  Grovemment  and 
Mexico. 

It  being  therefore  the  policy  of  this  government  to  occupy  itself 
for  the  present  exclusively  with  the  subject  of  an  adjustment  of  the 
existing  difficulties  with  Mexico,  the  instructions  given  you  on  the 
tenth  day  of  February  last  above  referred  to  are  hereby  suspended 
imtill  further  notice  shall  have  been  transmitted  you  from  this 
department. 

In  your  personal  intercoiu^e  with  the  Secretary  of  State  of  the 
United  States  it  may  be  proper  that  you  should  communicate  this 
fact  to  him  verbally 

I  have  the  honor  to  be 

with  the  highest  respect 
Your  Mo  Obt  Svt 

(Signed)  Anson  Jones 

a  June  29, 1843.    See  Calendar  of  Conespondenoe  with  the  United  States  in  Part  L 


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196  amebican  historicaii  association. 

Jones  to  Van  Zandt. 

Department  of  State 
WaaUngton  [Texas]  July  7th  I84S 
Hon  Isaac  Van  Zandt 

Gh.d'Affetc 
Sm 

I  have  the  honor  to  acknowledge  the  receipt  of  your  despatch  No 
101  **  under  date  of  the  5th  June  Ulto.  with  its  enclosures 

A  copy  of  Mr.  Legare's  note  in  reference  to  the  acts  of  Col.  Warfield 
was  previously  forwarded  to  this  Department  by  Mr.  Raymond  and 
instructions  on  that  subject  were  sent  you  on  the  8th.  Ulto. 

In  relation  to  the  petition  of  Mr.  Cooper  Gun  Maker  of  New  York 
for  payment  of  a  claim  of  $2234,  for  arms  etc  furnished  to  Gen. 
Memucan  Hunt  in  the  year  1836,  I  have  consulted  that  gentleman 
who  is  now  at  the  seat  of  government,  and  he  informs  me  that  the 
transaction  between  himself  and  Mr.  Cooper  was  a  private  one 
entirely,  and  that  the  responsibility  of  the  government  of  Texas  was 
in  no  way  involved  in  the  same,  which  was  the  understanding  between 
himself  and  Mr.  Cooper  at  the  time.  As  the  expedition  for  which 
these  arms  etc.  was  furnished  did  not  go  into  eflFect,  it  is  believed  that 
the  Government  of  Texas  received  no  benefit  or  advantage  from  the 
same  and  consequently  there  can  be  no  obligation  on  its  part  to  assume 
the  debt. 

♦  ♦  ♦  «  ♦  4:  ♦& 

My  last  communications  to  you  were  of  the  8th  and  16th  *  of  June 
Ulto. 

I  have  the  honor  to  be 

with  the  highest  respect 
Your  obt  svt 

(Signed)  Anson  Jones 

P.  S.  Please  present  my  best  respect  to  Mr.  Bodisco  and  to  Mr 
Serruys 

(Signed)  A.  J. 

MUBPHY  TO  LeGAb£.<* 


MUEPHY  TO  LeGAB£.^ 


Report  op  Snively.' 


a  102.    See  Van  Zandt  to  Jones,  June  5, 1843,  note. 

b  Here  and  after  the  postscript  are  omitted  paragraphs  relating  to  Van  Zandt's  salary. 

e  A  dispatch  of  the  15th,  but  none  of  the  16th,  is  copied  in  the  Records  of  Department  of  State  (Texas). 

d  July  8, 1843.    See  Calendar  of  Correspondence  with  the  United  States  In  Part  I. 

«  July  0, 1843.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

/July  0,1843.   See  Jones  to  Van  Zandt,  September  29, 1843. 


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c0bbesp02!n)ence  with  the  united  statesi  197 

Van  Zandt  to  Upshur.** 


Van  Zandt  to  Upshur. '^ 


Van  Zandt  to  Jones.*' 

[104'^  Legation  op  Ti^xas 

Washington  City  August  lOtli.  18^3 
Hon  Anson  Jones 

Secretary  ofStaie 
Sm 

In  your  despatch  of  the  22nd.  of  May  last,*  I  was  requested  to 
procure  for  the  use  of  your  Department  the  diflFerent  forms  used  in 
the  patent  office  of  the  United  States,  and  also  the  laws  in  relation 
to  patents;  and  to  forward  them  by  the  first  safe  opportunity  to 
the  care  of  Wm.  Bryan,  Texas  Consul,  New  Orleans.  Since  the 
receipt  of  that  despatch  no  opportunity  has  offered  itself,  by  which 
I  could  -send  the  papers  desired.  So  soon  as  I  can  do  so,  I  will  send 
you,  not  only  those  of  the  patent  office,  but  also  of  the  Post  Office, 
and  the  census  documents,  which  I  have  heretofore  procured  for 
the  use  of  your  Department.  Should  I  not  be  able  to  send  them  by 
private  conveyance  in  the  course  of  six  weeks,  I  will  box  and  ship 
them  to  New  Orleans,  via.  Baltimore. 

In  your  despatch  of  the  1st.  of  June,  I  was  instructed  to  commu- 
nicate to  the  Grovemment  of  the  United  States,  information  of  the 
outrage  lately  committed  upon  Col  James  Bourland,  Collector  of 
Red  River,  by  certain  citizens  and  officers  of  the  United  States,  and 
to  ask  that  the  Government  of  the  United  States  should  take  the 
necessary  steps  to  afford  such  redress,  as  the  circumstances  of  the 
case  require.  Enclosed  I  send  you  a  copy  of  a  communication  which 
I  made  to  Mr.  Upshur  Secretary  of  State  upon  the  subject.  So  soon 
as  an  answer  shall  be  received  I  will  immediately  transmit  the  same 
to  your  Department. 

The  letter  of  the  War  Department  to  Col  Warfield,  was  duly  mailed 
to  him  at  St  Louis,  with  a  request  that  should  Col  Warfield  not  be  in 
the  city,  to  forward  the  same  to  such*  point  as  he  would  most  probably 
receive  it.  It  is  impossible  ito  know  here,  where  Col  Warfield  is  at 
this  time,  but  I  supposed  the  letter  most  likely  to  reach  him  at  the 
point  alluded  to. 

a  August  4, 1843.    See  Van  Zandt  to  Jones,  August  10, 1843. 

h  August  8, 1843.    See  Van  Zandt  to  Jones,  August  10, 1843. 

«L.8. 

d  Erroneously  indorsed  "No.  103."    See  Van  Zandt  to  Jones,  June  5, 1843,  note. 

•  This  dispatch  has  not  been  found. 


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198  AMEBIGAN  HISTORICAL  ASSOCIATIOK. 

Enclosed  is  a  copy  of  my  letter  to  Mr.  Upshur  of  the  4th.  inst  in 
relation  to  the  movements  of  Col.  Warfield  upon  the  border. 

In  your  dispatch  of  the  15th.  of  June  last,  I  am  instructed  to  defer 
for  the  present  commimicating  to  the  Grovemment  of  the  United 
States  the  "declaration"  contained  in  your  prior  dispatch  of  the 
10th.  of  the  same  month,  but  you  suggest  that  I  may  suflFer  the 
Secretary  of  State  to  peruse  the  whole  of  this  last  mentioned  dispatch, 
as  it  indicates  the  course,  which  the  Government  may  yet  have  to 
pursue.  Believing  the  suggestion  a  good  one,  I  have  done  so,  and 
am  gratified  to  find  that  the  views  of  the  Secretary  coincide  so  well 
with  my  own,  that  in  the  event  the  present  proposed  negotiation 
for  peace  should  fail,  it  will  be  the  only  proper  course  left  for  Texas 
to  pursue. 

I  feel  the  highest  satisfaction  at  the  course  adopted  by  the  Presi- 
dent, in  agreeing  with  the  armistice  with  Mexico  as  proposed  by 
Santa  Anna,  not  that  I  entertain  any  very  sanguine  hope  that  it  will 
end  in  a  lasting  and  permanent  peace  (for  I  fear,  that  Mexico  is  not 
at  present  disposed  to  acknowledge  the  independence  of  Texas,  or 
if  so  at  all,  that  the  proposition  will  be  coupled  with  other  terms 
made  as  sine  qua  non  conditions,  which  I  am  satisfied  will  not  be 
acceded  to  by  the  President,  and  people  of  Texas,)  but  the  measure 
will  be  productive  of  other  salutary  eflFects.  While  the  armistice 
lasts  it  will  remove  every  shadow  of  excuse,  which  may  have  been 
urged  in  justification  of  those  evil  disposed  persons,  who  have  con- 
stantly sought  to  agitate  the  people  thereby  creating  confusion,  and 
insubordination  at  home,  and  disgracing  us  as  a  nation  abroad.  It 
will  afford  a  test  of  the  efficacy  of  mediation  by  powers  mutually 
friendly,  and  determine  the  pomt  whether  negotiation  can  or  arms 
must  decide  the  contest,  in  short,  the  result  of  the  negotiations  will 
settle  for  Texas  the  question  of  peace  and  of  war. 

Since  my  return  to  the  seat  of  Government,  I  have  had  several 
lengthy  interviews  with  Mr.  Upshur,  the  present  Secretary  of  State, 
all  of  which  have  been  of  the  most  satisfactory  character.  In  these 
interviews  the  present  policy  of  the  Administration,  here,  in  relation 
to  Texas  has  been  fully  indicated. 

Knowing  the  very  great  interest,  which  Mr.  Upshur  has  always 
manifested  in  behalf  of  Texas,  and  believing  the  present  a  most 
auspicious  moment  for  the  United  States,  to  again  press  their 
friendly  offices  of  mediation  and  interposition,  for  the  settlement 
of  our  difficulties,  with  Mexico,  I  deemed  it  proper  to  bring  this 
subject  again  before  the  Secretary  of  State,  urging  the  propriety  of 
renewed  and  prompt  action,  upon  the  part  of  this  Gt)vemment.  I 
have  now  the  honor  to  be  able  to  communicate  to  you  the  result 
of  this  application^  which  I  hope  will  prove  highly  satisfactory  to 
yourself  as  well  as  to  His  Excellency,  the  President. 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  199 

Mr.  Thompson  the  United  States  Minister  in  Mexico  has  been 
instructed,  in  the  name  of  his  Crovemment  to  protest,  and  remon- 
strate, in  the  most  solemn  maimer,  against  the  late  order  of  Santa 
Anna,  which  directed  all  foreigners  taken  in  arms  to  be  immediately 
put  to  death.  Mr.  Thompson  is  directed  to  say  to  the  Mexican  Gov- 
ernment that  the  United  States  view  the  said  order  as  inhuman,  and 
barbarous,  and  in  violation  of  the  rules  of  civilized  warfare;  and  that 
it  is  impossible  that  they  can  look  upon  its  execution  witJi  indiflFer- 
ence.  A  retrospective  view  is  taken  of  the  war  with  Texas,  and  the 
maimer  in  which  the  same  has  been  waged  for  the  last  seven  years; 
and  Mr.  Thompson  is  directed  to  say,  that  the  United  States  have 
viewed  with  pain  the  predatory  incursions  which  have  been  carried 
on,  and  that  the  contest,  having  lost  the  high  character  of  war,  as 
waged  by  civilized  nations,  deserves  to  be  classed  as  a  war  of  plunder, 
of  pillage  and  robbery,  and  further  that  the  United  States  deprecate 
a  contest  of  such  a  character,  and  particularly  the  sanguinary  and 
inhuman  treatment,  which  has  been  extended  to  prisoners  of  war. 
The  United  States  acknowledge  the  right  of  Mexico  to  resubjugate 
Texas  if  she  have  the  ability,  but  they  question  her  right,  longer  to 
keep  the  subject  open,  and  they  express  the  decided  opinion  that  the 
war  ought  to  be  at  once  brought  to  a  termination,  either  by  negotia- 
tion or  by  arms,  and  that  Mexico  should  either  show  herself  a  great 
nation,  by  her  ability  to  resubjugate  Texas,  or  a  magnanimous  one, 
by  acknowledging  her  inability  to  do  it — that  by  keeping  the  question 
imdecided  she  not  only  evinces  her  inability  to  resubjugate  Texas,  but 
a  want  of  magnanimity  by  refusing  to  acknowledge  her  independence. 
It  is  also  urged,  that  there  is  a  public  opinion  among  nations  as  well 
as  individuals,  and  that  no  nation  has  the  right  to  set  herself  above 
that  opinion,  nor  can  she  do  so  mthout  forfeiting  the  confidence,  and 
incurring  the  censure  of  other  nations.  This  is  the  general  tone  of  the 
instructions,  and  Mr.  Thompson  is  directed  to  urge  these  considera- 
tions in  the  strongest  maimer  possible,  consistent  with  the  relations 
of  the  two  coimtries.  A  general  view  is  also  given  of  the  situation, 
which  Texas  occupies  towards  the  United  States,  and  of  the  interest 
which  the  United  States  have  in  the  success,  and  prosperity  of  Texas, 
and  the  maintenance  of  her  institutions. 

These  instructions  I  think  evince  the  determination  of  the  admin- 
istration to  use  every  means  in  their  power  to  terminate  the  contest 
between  Texas  and  Mexico;  the  right  to  employ  force,  or  in  other 
words  to  declare  way  belongs  alone  to  Congress.  Had  this  decided 
tone  been  all  along  used  by  the  United  States,  the  effect  would  have 
been  a  good  one.  Coining  as  it  now  does  while  negotiations  are  pend- 
ing, I  trust  should  Santa  Anna  be  halting  between  two  opinions  it 
may  incline  him  to  peace. 


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200  AMEBICAN  HISTORICAL  ASSOCIATION. 

Yours  of  the  6th.  ultimo  in  relation  to  Uie  subject  of  annexation  has 
been  received,  but  I  have  not  thought  it  proper  to  mention  to  the 
Secretary  of  State,  at  the  pres^it,  that  my  instructions,  in  relation  to 
that  subject,  had  been  suspended.  I  Hiought  it  possible,  that  it  might 
interfere  with  my  efforts  in  pressing  the  subject  of  interposition.  I 
shall  however  in  a  few  days  make  known  to  him  verbally  the  fact 
according  to  your  instructions. 

♦  ♦♦♦♦♦  Ilea 

I  shall  send  to  Mr.  Cooper,  gun  maker  New  York,  your  answer  rela- 
tive to  his  claim  against  Genl.  Hunt. 

Nothing  has  been  received  by  this  Government  from  Genl.  Thomp- 
son upon  the  subject  of  the  armistice  proposed  by  Santa  Anna. 

Since  the  foregoing  part  of  this  dispatch  was  written  I  have  reed, 
the  National  Intelligencer  of  today,  which  contains  some  particulars 
in  relation  to  the  disarming  of  Col.  Snively,  and  his  command  upon 
the  borders  of  Texas  and  the  United  States,  by  a  force  under  Captain 
Cook,  an  officer  of  the  United  States  army.  As  the  official  report  of 
Col.  Snively  will  likely  require  some  action  of  your  Department  in 
relation  to  this  matter,  I  herewith  send  you  a  slip  from  the  paper 
alluded  to,  which  will  furnish  all  the  information  I  have  yet  obtained 
upon  the  subject.*  The  subject  has  doubtless  been  communicated  to 
the  War  Department  of  the  United  States,  but  as  both  the  President 
and  Secretary  of  War  are  now  absent,  I  am  unable  to  obtain  any 
information  from  that  Department  concerning  the  same. 

I  deem  it  unnecessary  to  offer  any  comment  upon  this  outrageous 
proceeding,  as  I  have  no  doubt  our  Gt)vemment  will  have  had  the 
same  under  consideration  before  this  reaches  your  Department.  I 
have  the  honor  to  be  Very  Respety, 

Yr.  Obt  Servt  Isaac  Van  Zandt 

P  S.   I  shall  send  you  a  private  communication  by  to  nights  mail. 
Yours  etc. 

Van  Zandt 

[Next  follow  copies  of  Van  Zandt  to  Upshur,  August  4, 1843;  Van 
Zandt  to  Upshur,  August  8,  1843.*^] 


Upshub  to  Van  Zandt.* 


Van  Zandt  to  Jones.* 


a  A  paragnph  relating  to  Van  Zandt's  salary  omitted. 
b  The  clipping  is  not  new  with  the  letter. 

e  For  both  and  for  the  indosure  In  the  first,  Hockley  to  Warfield,  August  16, 1842,  see  Calendar  of  Ccire- 
spondenoe  with  the  United  States,  in  Part  I. 
d  August  10, 1843.   See  Van  Zandt  to  Jones,  August  15, 1843. 
«  August  12, 1843.   See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 


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coerespondence  with  the  united  states.  201 

Van  Zandt  to  Jones.® 

Legation  op  Texas 
Washington  [City],  August  15{k.  1843 
Hon  Anson  Jones 

Secretary  of  State 
Sm 

I  have  the  honor  herewith  to  transmit  to  you  a  copy  of  a  letter, 
and  of  the  documents  which  accompanied  it,  just  received  by  me 
from  the  Hon  A.  P.  Upshur,  Secretary  of  State  of  the  United  States, 
in  reply  to  my  communication  to  him  of  the  8th.  instant,  upon  the 
subject  of  the  oytrage  lately  committed  upon  Col  Bourland,  the 
Collector  of  Red  River,  by  certain  citizens  of  the  United  States.  Mr. 
Upshur  informed  me  today  in  a  personal  interview,  that  he  was  using 
every  exertion  to  obtain  full  information  in  regard  to  the  case,  and 
said  he  hoped  soon  to  be  able  to  communicate  to  me  further  in  rela- 
tion to  it. 

In  a  personal  interview  to  day  with  Mr.  Porter  Secretary  of  War, 
that  gentleman  did  me  the  kindness  to  suffer  me  to  peruse  the  prin- 
cipal portion  of  the  report,  of  the  renowned  Capt.  Cook,  who  lately 
captured  one  hundred  of  our  citizens  under  Colonel  Snively.  I  enter- 
tain but  little  doubt  that  this  affair  occurred  within  the  limits  of 
iTexas,  and  cannot  be  considered  in  any  other  light,  than  as  an 
enormous  outrage.  I  deem  it  unnecessary  to  send  you  a  synopsis 
of  Capt.  Cook's  report,  wh^ch  fills  several  sheets  of  fools  cap,  and  is 
evidently  designed  to  be  magnificently  eloquent,  and  a  full  com- 
mentary upon  international  law,  and  the  right  of  War.  The  affair 
having  already  terminated,  I  think  it  lumecessary  to  take  any  steps 
in  relation  to  it  here,  until  I  receive  the  instructions  of  your  Depart- 
ment. 

Gt)v  Butler,  late,  United  States  Commissioner  to  Texas  is  here,  and 
from  him  I  have  learned  some  facts  relative  to  the  contemplated 
Indian  Coimcil,  which  I  deem  of  importance,  and  accordingly  sub- 
mit them  for  your  information.  He  says,  *'In  a  communication 
received  by  me  from  three  Delaware  Chiefs,  Captains  '*  Roasting 
Ear,"  *'St  Louis!'  and  ''Red  TaU"  dated  about  the  first  of  July  they 
say  in  substance,  that  they  are  just  from  the  Commanche  towns, 
where  a  Council  was  had  on  the  subject  of  a  treaty  with  Texas, 
which  it  would  appear  they  had  been  invited  to  attend  at  some  point 
on  the  Trinity  River.  Thej  decline  meeting  there  but  express  a 
willingness  and  desire  to  meet  on  the  waters  of  Red  River  on  the 
south  side,  and  invite  the  countenance  and  cooperation  of  their 
Great  Father,  the  President  of  the  United  States,  some  time  in  the 
early  part  of  next  winter,  further  that  they  had  been  advised  by 

a[De«patchNo.l05.] 


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202  AMERICAN  HISTOBIGAL  ASSOCIATION. 

their  Chickasaw,  and  Cherokee  brothers  not  to  make  a  treaty  with  Texas 
wifhovi  they  said  so  "* 

If  this  information  be  correct,  which  I  do  not  doubt,  then  there  is 
no  probability  that  the  Commanches  will  come  in  at  the  contem- 
plated period.  Gov  Butler  says,  further,  that  he  is  satisfied  they 
will  not  come  to  Birds  Fort,  until  they  are  first  met  higher  up. 
Under  these  circumstances  I  fear  some  difficulty  may  arise,  unless 
we  can  at  once  secure  the  full  cooperation  of  the  United  States,  and 
agree  upon  a  concerted  action.  I  think  it  also  important  as  their 
influence  is  paramount  with  the  Indians,  that  the  United  States 
should  take  the  lead  if  possible  in  inviting  them  to  the  meeting. 

I  have  had  a  long  conversation  with  Mr.  Porter,  the  Secretary  of 
War  upon  this  subject,  and  have  urged  upon  him  the  propriety  of 
extending  the  instructions  of  the  United  States  Commissioner,  so  as 
to  make  his  Government  a  full  party  to  the  contemplated  treaty,  or 
that  perhaps  it  might  be  better,  as  Gov  Butler  had  the  confidence  of 
the  Department,  to  revoke  the  former  instructions  and  make  the 
whole  discretionary  with  him.  The  Secretary  of  War  I  think,  will 
agree  to  the  proposition;  if  he  does,  the  question  then  arises,  as  to  the 
place,  the  time  etc.  On  this  point  I  am  not  instructed.  Gov  Butler 
being  here  and  on  his  way  to  South  Carolina  to  remain  for  some  time, 
would  it  not  be  better  to  arrange  the  whole  now  and  let  the  necessary 
order  issue?  I  think  so,  and  entertaining  this  view  I  shall  assume 
the  responsibility,  so  far  as  the  agreement  of  time,  and  place  are  con- 
cerned, satisfied  that  it  will  not  interfere  with  any  previous  arrange- 
ment of  the  Presidents,  can  be  productive  of  no  harm,  and  may 
result  with  great  advantage  to  Texas.  Every  treaty  made  with  the 
Indians  is  so  much  gained,  but  my  own  opinion  is,  that  a  treaty  made 
with  the  Commanches,  in  which  the  United  States  becomes  the  guar- 
antee, is  worth  a  hundred  treaties  without  it.  I  shall  address  a  for- 
mal communication  to  the  Secretary  of  State  upon  this  subject  on 
tomorrow,  a  copy  of  which,  with  his  reply  thereto  I  shall  transmit  to 
you  as  early  as  practicable. 

If  I  can  obtain  the  sanction  of  this  Government  to  send  out  some 
persons  to  invite  the  Indians  in,  it  will  likely  be  more  effectual,  and 
save  us  at  the  same  time  much  expence.  This  I  will  endeavour  to 
effect. 

I  have  the  honor  to  be.  Very  Respct.  Yr  Obt.  Servt. 

IsAAo  Van  Zandt. 

[Here  follows  a  copy  of  Upshur  to  Van  Zandt,  August  10,  1843.*'] 

a  For  the  begliming  of  this  quotation,  see  "In  a  communication",  etc.,  above. 

b  See  Calendar  of  Correspondenoe  with  the  United  States  in  Part  1,  under  date  of  August  11,  which  is  that 
of  the  letter  as  printed. 


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COBRESPONDENCB  WITH  THE  UNITED  STATES.  203 

(Secretary  of  War  to  Secretary  of  State.) 
[Washington  City,  May  11, 1848.  a) 

Sm:  I  respectfully  transmit  herewith  copies  of  two  letters  just 
received  from  the  Acting  Superintendent  of  Indian  Affairs  on  the 
southwestern  frontier,  which  induce  a  belief  that  there  has  been  an 
interference  of  citizens  of  Texas  with  the  private  property  and  rights 
of  citizens  of  the  United  States. 

The  matter  seems  to  have  been  referred  to  the  Representative  of 
this  Government  in  Texas,  and  may  become  a  subject  of  correspond- 
ence with  the  Department  of  State. 
Very  Respectfully 

Your  Most  Obedient  Servt 

(signed)  J.  M.  Pobter 

Hon  H.  S.  Leqabe 

Seciy  of  State 

(Mr.  Armstrong  to  Mr.  Crawford.) 

Choctaw  Agency  April  lOih.  I84S. 
Sib 

I  have  just  been  informed  that  the  Steam  Boat,  Fort  Towson  loaded 
with  goods  for  the  different  Merchants  at  Doakeville  in  the  Choctaw 
nation,  three  of  whom  Col  David  Folsom  Joel  H  Nail  and  Robert  M 
Jones  are  Choctaws,  have  had  their  goods  seized.  The  circumstances 
as  I  am  informed  are  these.  The  Boat  was  unable  to  get  up  for  want 
of  water,  and  stored  the  goods  on  the  Texas  side,  and  returned  to  the 
raft.  The  goods  were  seized,  and  now  are  awaiting  a  trial.  I  under- 
stand that  the  case  has  been  represented  to  our  Chargfi  d 'Affaires  in 
Texas,  and  also  that  a  memorial  has  gone  to  the  President  of  the 
United  States.  This  will  produce  excitement.  It  is  a  well  known 
fact  that  no  fraud  was  intended  or  that  the  owners  of  the  goods  had 
any  control  over  them.  It  has  been  customary  for  boats  to  store 
their  goods  in  this  way.  There  are  one  or  two  boats  above  the  raft 
employed  as  packets  in  carrying  freight.  I  thought  it  my  duty  to 
communicate  this  affair  to  you  and  will  give  such  further  information 
as  may  be  received. 

Very  respectfully  etc.    (signed)  Wm.  Abmstbong 

Actg  Supt  Ind. 

T.  H.  Cbawpord  Esq 

Commissr.  Ind  Affr.  Washington. 


(Same  to  Same,  ft) 

Sib:  I  learn  that  the  Crews  of  the  Steam  Boats  Fort  Towson  and 
Southwestern,  met  at  Bryarly 's  landing.  Red  River,  Texas  the  point 

a  Ab  to  this  date,  see  Upshur  to  Van  Zandt,  August  10, 1843.  &  Date  not  copied. 


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204  AMERICAN  HISTORICAL  ASSOCIATION. 

at  which  goods  for  diflFerent  individuals  in  the  Choctaw  Nation  were 
stored,  and  tied  the  Collector  and  guard,  and  put  the  goods  on  board. 
There  was  also  a  considerable  lot  of  Grovemment  freight  stored  which 
was  also  released.  The  Boat  lies  on  the  side  of  the  Red  River,  unable 
to  get  up  for  want  of  water.  The  Commanding  oflBcer  at  Towson  has 
sent  a  guard  as  I  learn  to  protect  the  public  property.  The  citizens 
of  Texas  I  understand  favored  the  party  who  retook  the  goods.  I 
Give  you  the  news  as  I  hear  it,  which  will  doubtless  be  a  complaint  to 
the  Government. 

Very  Respectfully  &c 

(signed)  Wm  Armstrong 

Actg  Supt.  W.  T. 
T.  H.  Crawford  Esq 

Commissr,  of  Ind  Affs 

Washington 


Van  Zandt  to  Upshur." 


Derrick  to  Van  Zandt.* 


Commissioner  of  Indian  Affairs  [Crawford]  to  Secretary  of 

War  [Porter].* 


Jones  to  Van  Zandt.^* 

[Transmits  correspondence  with  the  British  Charg6  at  Washington, 
Texas,  concerning  the  armistice  * '  recently  estabUshed ' *  between  Texas 
and  Mexico;*  acknowledges  receipt  of  Van  Zandt's  communication 
of  June  29.] 

Raymond  to  Jones./ 

Legation  of  Texas 
Washington  City  Augst.  20th.  1843 
Hon  Anson  Jones 

Sedy  of  State 
Sir 

Mr.  Abell  bearer  of  dispatches  from  the  United  States  has  had 
the  kindness  to  take  under  his  charge 'the  blank  forms  etc  of  the 

a  August  16, 1843.    See  Van  Zandt  to  Jones,  August  31, 1843. 

ft  August  18, 1843.    See  Calendar  of  Correspondenoe  with  the  United  States  in  Part  I. 

c  August  18, 1843.    See  Van  Zandt  to  Jones,  September  18, 1843  ( Dispatch  106). 

d  August  20, 1843.    See  Records  of  Department  of  State  (Texas),  Book  44,  p.  168. 

<  See  note  [b,  p.  611,  Brit.  Cor.]. 

/A.  L.  S. 


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CORRESPONDENCE   WITH  THE  UNITED  STATES.  205 

Genl.  Post  Office  Department,  and  has  promised  to  deliver  the  same 
into  your  hands  upon  his  arrival  in  Texas.  Mr.  Ellsworth  of  the 
Patent  Office  has  kindly  proflFered  his  frankj  and  I  will  send  the 
blank  forms  of  that  office  and  the  laws  on  the  subject  of  patents  by 
mail  to  you.  Mr.  Van  Zandt  is  at  Alexandria  to  day  and  will  not 
see  Mr.  Abell. 

Grov  Butler  and  General  Armstrong  are  in  the  City  and  took 
dinner  yesterday  with  Mr.  Van  Zandt,  so  did  Mr.  Crawford  Comr. 
of  Indian  Affairs.  Gov  B  seems  heartily  desirous  of  aiding  all  in 
his  power  to  bring  about  a  peace  between  Texas  and  aU  the  Indian 
tribes,  and  I  think  he  will  be  fully  empowered  to  make  the  U.  S  a 
party  to  a  treaty  and  a  guarantor  for  the*  faithful  performance  of 
its  stipulations  etc. 

Mr.  Upshur  is  a  staunch  and  ardent  friend  of  Texas.  I  have 
learned  from  good  authority  that  Mr.  Henshaw  is  in  favour  of  annexa- 
tion. 

Mr.  Van  Zandt  has  made  three  communications  to  your  depart- 
ment the  present  month.  The  mail  from  Galveston  arrived  last 
evening  and  brought  nothing  for  us  but  newspapers. 

Will  you  please  present  my  kindest  regards  to  the  President  and 
his  lady  and  accept  for  yourself  the  great  respect  and  esteem  of 
Your  Obt.  Servt 

Chas.  H.  Raymond 

(In  haste) 


Parker  to  Upshur." 


Van  Zandt  to  Jones.  * 

Dispatch  106 

Legation  of  Texian 
Washington  City  August  31st,  18^3 
Hon  Anson  Jones 

Secretary  of  State 
Sib 

Mr.  Barnard  has  just  arrived  here,  and  will  leave  immediately 
for  Texas.  Through  his  kindness  I  am  enabled  to  transmit  to  you 
the  census  documents  alluded  to  in  a  former  dispatch.  They  con- 
tain much  valuable  statistical  information  upon  the  subject  of  the 
commerce  of  this  country,  and  will  be  of  much  service  as  a  work  of 
reference  for  your  Department  upon  that  subject.  Mr.  Raymond 
sent  you  the  Post  OflBce  forms  and  blanks  by  Mr.  Abell,  bearer  of 

a  Aagost  22, 1843.   See  Van  Zandt  to  Jones,  September  18, 1843  (Despatch  106).  h  L.  S. 


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206  AMERICAN  HISTORICAL  ASSOCIATION. 

dispatches  from  this  (Jovemment.  Mr.  EDsworth  of  the  Patent 
Office  has  enclosed  you  by  mail  all  the  papers  in  relation  to  patents — 
all  of  which  I  hope  in  due  time  will  arrive  safe. 

I  received  a  few  days  ago  a  letter  from  Dr.  Smith,  dated  at  Paris 
on  the  1st.  Inst.  He  enclosed  me  a  copy  of  a  dispatch  which  he 
had  sent  to  your  Department.  As  the  facts  mentioned  are  of 
importance  and  fearing  some  delay  may  have  attended  it,  I  have 
sent  you  a  copy,  so  that  if  the  original  letter  has  not  reached  you, 
you  may  have  the  information  which  it  contains.** 

The  President,  and  all  the  Cabinet  except  Mr.  Henshaw,  are  now 
absent  and  will  not  return  for  two  or  three  weeks.  Previous  to  the 
departure  of  the  Secretary  of  War,  I  agreed  with  him  in  regard  to 
the  preliminaries  of  an  Indian  Council.  I  send  you  a  copy  of  my 
letter  to  the  Secretary  of  State  upon  this  subject,  a  formal  answer 
to  which  has  not  been  received,  and  perhaps  may  not  be  until  the 
Secretary  returns.  I  have  however  the  honor  to  inform  you,  that 
the  necessary  orders  have  issued  from  the  War  Department  to  Grov 
Butler,  who  has  appointed  the  Commissioners,  and  directed  them 
to  start  forthwith  to  invite  the  Indians  in.  A  deputation  of  three 
persons  is  to  go  and  they  are  to  carry  with  them  tobacco,  and  other 
presents  to  induce  them  to  come  in — they  are  to  meet  on  the  Texas 
side  of  Red  River,  and  in  the  neighborhood  of  the  mouth  of  Cache 
Creek,*  which  is  a  short  distance  above  Coffee's  station.  The  full 
moon  in  November  is  the  time  agreed  upon.  I  would  have  prefered 
it  earUer,  but  Gov  Butler  was  of  opinion  that  it  was  best  to  give 
full  time,  so  as  to  prevent  all  difficulties.  I  hope  the  steps  which  I 
have  thus  taken  may  meet  your  approbation,  and  that  in  due  time 
His  Excellency  the  President  will  send  Commissioners  to  attend  the 
Council.  It  will  be  necessary  to  have  a  Uttle  beef  and  perhaps  a 
few  bushels  of  com  for  the  Indians.  The  United  States  will  also 
send  in  some  provissions,  and  presents  to  be  given  them  at  the 
Council. 

The  final  instructions  which  are  to  govern  the  Commissioners  of 
the  United  States  have  not  been  given.  I  do  not  know  to  what 
extent  they  may  go.  I  should  have  no  difficulty  if  it  were  not  for 
the  cold  notions  of  Mr.  Crawford  the  Head  of  the  Indian  Bureau. 
I  will  do  the  best  I  can,  satisfied  that  even  a  full,  and  friendly  joint 
talk  will  be  of  much  service. 

Since  my  dispatch  of  June,  last,  was  written  I  have  been  enabled 
to  obtain  some  important  evidence  in  relation  to  the  negroes  of  Dr 
Robinson,*'  and  I  am  now  satisfied  that  I  shall  obtain  an  order  for 

a  The  letter  of  Smith  to  Jones  copied  Is  of  date  July  31 ,1S43 ,  and  it  refers  to  the  work  in  London  of  the  Abo- 
litionist 8.  P.  Andrews.    See  Correspondence  with  Great  Britain. 
b  See  Gregg,  Commerce  of  the  Prairies,  Vol.  I,  map. 
«  Robertson. 


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COBEESPONDENCB  WITH  THE  UNITED  STATES.  207 

them,  so  soon  as  the  Secretary  of  State  returns  to  his  post.  I  think 
therefore  that  you  would  do  well  to  inform  Dr  Robinson,  that  it  will 
not  likely  be  necessary  for  him  to  take  any  further  steps  in  relation  to 
procuring  testimony,  until  I  ascertain  what  further  can  be  done  here. 
I  have  the  honor  to  be  with  great 

respect — ^Your  friend  and  Obdt.  Servt 

Isaac  Van  Zandt 

[Next  comes  a  copy  of  Van  Zandt  to  Upshur,  August  16,  1843.]** 


Peoclamation  op  Houston  Oedebino  Release  of  Mexicans.* 


Jones  to  Elliot.* 


Upshub  to  Van  Zandt.  *^ 


Van  Zandt  to  Upshur.*' 


Van  21andt  to  Upshub.* 


Elliot  to  Jones./ 


Van  Zandt  to  Jones.^ 

Dispatch  No.  107 

Legation  op  Texas 
Washington  D.  O.  Sept  18tJi.  1843 
Hon  Anson  Jones 

Secretary  of  State 
Sib 

It  has  been  made  known  to  your  Department,  in  a  former  dispatch, 
that  in  compliance  with  your  instructions  of  the  6th.  of  July  last,  I 
had  communicated,  verbally,  to  the  President,  and  Secretary  of  State 

a  See  Catendar  of  Correspondence  with  the  United  States  in  Part  I. 

b  September  4, 1813.    See  Jones  to  Van  Zandt,  September  29, 1843. 

e  September  7, 1843.    See  Van  Zandt  to  Jones,  September  18, 1843  (Despatch  108). 

d  September  14,  1843  (acknowledging  receipt  of  Upshur's  note  of  September  7).  See  Van  Zandt  to 
Jones,  September  18, 1843  (Despatch  106). 

e  September  14, 1843  (concerning  Dr.  Robertson's  negroes.)  See  Van  Zandt  to  Jones,  September  18, 1843 
(Despatch  108). 

/  September  15, 1843.   See  Jones  to  Van  Zandt,  September  29, 1843. 

PL.S. 


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208  AMERICAN  HISTORICAL  ASSOCIATION. 

of  the  United  States,  the  fact,  that  my  former  instructions  upon  the 
subject  of  annexation,  had  been  suspended,  and  that  the  Grovemment 
of  Texas  reserved  the  question  for  future  consideration.  Since  I  did 
this,  I  have  not  thought  it  proper  for  me  to  urge  it  again  upon  this 
Government.  Nevertheless,  in  every  interview,  which  I  have  had 
with  the  Secretary  of  State,  Mr.  Upshur,  he  has  invariably  mentioned 
the  question,  and  dwelt  upon  its  merits  at  some  length;  in  fact,  the 
announcement  to  him,  that  my  instructions  were  suspended,  seems  to 
have  fired  him  anew  in  regard  to  it.  He  has  frequently  inquired 
whether  there  had  been  a  change  in  the  views  of  the  Texian  Adminis- 
tration upon  this  subject;  to  this,  I  have  always  replied,  in  substance, 
that  since  my  instructions  were  suspended,  I  had  not  been  advised 
of  the  views  of  our  Grovernment,  and  could  only  give  him  my  unau- 
thorized opinion  as  an  individual,  which  was  this,  that  if  the  propo- 
sition was  made  to  Texas,  and  with  a  strong  probability  the  measure 
would  succeed  before  the  Senate  of  the  United  States,  I  thought  it 
would  be  acceded  to,  but  could  not  speak  with  certainty  or  authority. 
I  further  said  to  him,  I  did  not  deem  it  improper  for  me  to  communi- 
cate to  him,  (as  he  had  interrogated  me  on  the  point)  that  portion  of 
your  dispatch  of  the  6th.  July  last  in  which  you  say  "It  is  believed 
that  the  settlement  of  our  difficulties  with  Mexico  and  the  acknowl- 
edgment of  our  independence  by  that  power  will  very  much  simplify 
the  question  of  the  annexation  of  Texas  to  the  United  States,  and  if, 
after  this  event,  Texas  should  continue  to  desire  this  annexation,  a 
treaty  for  the  purpose  would  be  more  likely  to  succeed,  and  to  meet 
with  favour  from  the  people  of  the  United  States,  than  if,  as  now 
that  question  were  embarrassed  with  a  question,  and  involved  the 
contingency  of  a  war  between  that  Government  and  Mexico."  In 
our  several  conversations  alluded  to,  Mr,  Upshur  frequently  remarked 
with  much  earnestness  of  manner,  that  he  hoped  Texas  would  not 
change  her  former  poUcy  on  this  subject;  that  it  was  the  great  meas- 
ure of  the  administration  here,  and  that  he  was  actively  engaged 
under  the  instructions  of  the  President,  in  preparing  the  minds  of  the 
people  for.  it,  and  in  learning  the  views  of  Senators  on  the  subject; 
and  so  soon  as  they  conceived  it  safe,  they  would  renew  the  proposi- 
tion on  their  part. 

I  now  proceed  to  submit  for  your  information  and  consideration, 
the  substance  of  a  conversation  had  with  the  Secretary  of  State,  to 
day,  in  relation  to  this  matter.  I  called  at  the  State  Department 
this  morning  about  the  two  negroes  taken  by  the  Indians  from 
Dr.  Joseph  W.  Robertson,  of  which  you  are  further  informed  in 
another  dispatch  that  accompanies  this  of  the  same  date.  On  meet- 
ing Mr.  Upshur  he  remarked,  he  was  exceedingly  glad  I  had  called 
on  him,  that  he  was  just  in  the  act  of  addressing  me  a  note  requesting 
an  interview.    Without  waiting  to  be  informed  of  the  object  of  my 


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COERESPONDBNCB  WITH  THE  UNITED  STATES.  209 

visit,  he  proceeded  in  substance  to  say,  that  his  object  in  wishing  to 
see  me,  was  to  make  known  farther  his  views,  and  the  wishes  of  the 
Executive  on  the  subject  of  the  anneication  of  Texas  to  the  United 
States,  that  they  now  contemplated  an  early  action  thereon  and  that 
he  was  desirous  I  should  immediately  communicate  this  fact  to  your 
Department,  in  order  that  should  the  President  of  Texas  still  desire  to 
conclude  such  a  treaty,  the  Representative  of  Texas  here,  might  be 
immediately  clothed  with  the  necessary  powers  to  act  upon  the 
proposition,  should  it  be  submitted  by  the  President  of  the  United 
States,  which  proposition  he  now  confidently  believed  would  be 
made  before  the  meeting  of  the  next  Congress — that  from  all  the 
facts  now  before  him  he  believed  such  a  treaty  might  be  safely  sub- 
mitted to  the  next  Senate,  and  entertaining  this  opinion  he  was 
desirous  to  act  on  it  as  early  as  practicable.  He  then  stated  at 
some  length  the  grounds  of  his  belief  of  a  favorable  action  by  the 
Senate  of  the  United  States,  which  were  drawn  from  the  views  of 
various  correspondents,  and  the  manifestations  of  public  sentiment, 
in  different  quarters  of  the  country.  I  asked  Mr.  Upshur  if  soma  of 
Mr.  Tyler's  cabinet  were  not  still  opposed  to  the  measure,  he  replied, 
that  one  or  two  of  the  gentlemen  perhaps  might  be,  but  the  controlling 
iofluence  was  now  decidedly  in  favour  of  action  upon  it.  I  then 
remarked  to  him,  that  though  it  might  be  possible  our  Grovemment 
might  still  desire  to  make  the  treaty,  yet,  I  doubted  xmder  aU  the 
circumstances  whether  the  necessary  powers  would  be  given,  unless 
the  proposition  was  positively  made,  he  replied  that  he  could  not 
make  it  at  tins  time  nor  would  he  likely  be  able  to  do  so  in  time  for 
me  to  communicate  the  fact  to  your  department  and  obtain  an 
answer  before  the  meeting  of  Congress,  but  that  he  would  repeat 
again  what  he  had  said  before,  that  ^'he  confidently  believed  he  would 
be  able  to  make  the  proposition  before  the  meeting  of  Congress,  and 
he  hoped,  if  he  did  so,  liat  the  Representative  of  Texas  here  wo\dd 
be  sufficiently  authorized  to  act  at  once."  I  then  told  him  I  wo\dd 
immediately  communicate  to  my  Government  what  he  had  said  to  me 
about  the  matter,  and  his  wi^es  in  relation  to  the  same;  and  so 
soon  as  an  answer  was  received  I  would  inform  him  of  it.  He  asked 
what  would  be  the  probable  length  of  time  before  an  answer  could  be 
had.  I  repUed,  I  liiought  between  30  and  40  days,  if  not  longer,  he 
then  asked  me  if  I  did  not  deem  the  communication  of  sufficient 
importance  to  dispatch  a  special  messenger  with  it,  I  replied,  that 
I  should  not  think  it  necessary  unless  the  proposition  was  actually 
made.  This  he  said  he  could  not  make,  nor  did  he  think  it  would 
be  proper  to  do  so,  imless  I  had  the  necessary  powers  to  negotiate; 
that  if  the  Texian  Government  was  yet  in  favour  of  the  measure,  no 
harm  he  thought  could  result  from  the  conferring  of  provissional 
powers,  to  act  in  case  the  negotiation  was  proposed  on  their  part, 

39728**— VOL  2,  ft  1—11 14 


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210  AMEBIOAN  HISTORICAL  ASSOCIATION. 

I  have  thus  given  you  the  substance  of  our  very  lengthy  conver- 
sation, in  order  that  you  may  act  upon  it  as  advisedly  as  possible. 
It  will  need  but  few  comments,  as  it  explains  itself  fully.  That  the 
Secretary  is  serious  in  what  he  says,  I  have  not  a  doubt,  but  whether 
he  will  carry  out  the  measures  indicated  or  not,  is  impossible  to  tell. 
My  own  opinion  is  that  from  the  situation  of  poUtical  affairs  here,  it 
is  hard  to  know  what,  or  whether  any  move  will  be  made  on  any  par- 
ticular question,  until  you  have  seen  the  step  taken.  That  the  Ad- 
ministration contemplate  making  the  proposal  of  annexation  I 
believe  true.  That  they  will  do  it  is  at  best  uncertain.  If  the  treaty 
were  concluded,  and  submitted  to  the  Senate,  no  doubt  the  debate 
would  be  fierce  and  exciting,  but  I  think  it  would  be  advantageous 
to  the  treaty,  and  in  the  end  secure  its  adoption. 

For  the  great  welfare,  and  prosperity  of  Texas,  I  beUeve  nothing 
could  contribute  so  much  as  her  annexation  to  the  United  States, 
and,  believing  like  views  were  entertained  by  our  Government  and 
people,  up  to  the  time  of  the  receipt  of  your  letter  suspending  my 
former  instructions,  I  left  untried  no  means,  which  I  thought  calcu- 
lated to  advance  or  promote  this  object. 

Whether  such  be  the  views  of  the  Executive  at  this  time  I  am  of 
course  imadvised;  facts  and  circumstances,  known  to  him,  may 
have  changed  his  former  opinions,  and  altered  his  policy  in  relation 
to  this  question.  I  have  however  given  the  facts  as  I  understand 
them — ^it  is  not  for  me  to  determine  what  course  should  be  taken  by 
the  Government.  Whether  the  provissional  powers  shall  be  con- 
fered  or  not,  is  a  matter  which  can  alone  be  decided  correctly,  by 
the  Executive  with  the  aid  of  his  advisers  at  home,  who  are  presumed 
to  know  the  whole  situation  of  the  country,  its  wishes  and  poHcy. 
Be  the  determination  what  it  may,  I  hope  no  time  will  be  lost  in 
making  the  same  known  to  me.  And  here  suffer  me  to  remark 
before  closing  this  communication,  that  should  the  two  Govern- 
ments determine  to  attempt  the  proposed  measure,  I  am  sensible  the 
responsibiUty  of  the  Agent  of  Texas  must  necessarily  be  great,  and 
his  actions  require  mtich  judgment  and  deliberation.  Should  it 
therefore  be  the  wish  of  the  Executive  to  confer  those  powers  upon 
any  individual,  other  than  myself,  or  upon  any  one  in  connexion 
with  myself,  I  will  cheerfully  acquiese;  iif  confered  upon  me  alone, 
conscious  of  their  high  importance  I  shall  endeavour  (if  an  action 
be  had  at  all)  to  discharge  the  duty  in  strict  compUance  with  the 
instructions  which  may  be  given  by  your  department. 
With  the  highest  sentiments 

of  regard  I  have  the  honor  to  be 
Your  most  Obdt  Servt 

Isaac  Van  2iANDT 


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coebespondence  with  the  united  states.  211 

Van  Zandt  to  Jones  * 

Pispatch  No.  106.) 

Legation  of  Texas 
^  Washington  D,  C.  Sept.  18ih.  I84S 
Hon  Anson  Jones 

Secretary  of  State 
Sib 

I  have  the  honor,  herewith,  to  enclose  you  a  copy  of  a  letter, 
received  from  the  Secretary  of  State  of  the  United  States,  dated  the 
7th.  Inst,  together  with  a  copy  of  a  letter  from  the  Chief  Clerk  of  the 
War  Department,  and  an  extract  of  a  communication  from  the  Com- 
missioner of  Indian  Affairs,  which  accompanied  the  letter  of  the  Sec- 
retary of  State;  and  also  a  copy  of  my  letter,  of  the  14th.  Inst, 
acknowledging  the  receipt  of  the  communication  above  referred  to. 
These  several  communications,  with  the  facts  already  in  your  posses- 
sion, will  give  you  information  of  all  the  proceedings  which  have  been 
had  here  in  relation  to  the  contemplated  Indian  Council.  All  of 
which  I  hope  will  meet  the  concurrence  of  your  Department,  and 
that  the  necessary  steps  will  be  taken  to  secure  a  corresponding  action 
on  the  part  of  our  Government. 

I  send  you  also  a  copy  of  my  letter,  to  the  Secretary  of  State,  of 
the  United  States,  of  the  14th.  Inst,  calling  his  attention  to  the  sub- 
ject of  the  capture  of  the  two  negroes  of  Dr.  Robertson,  which  had 
heretofore  been  a  matter  of  correspondence  between  the  two  Gov- 
ernments. After  my  letter  was  written,  and  before  it  had  been  sent, 
I  received  a  communication  from  Mr.  Upshur  of  the  same  date,  upon 
the  same  subject,  which  assumed  entire  different,  and  adverse  grounds 
to  those  assumed  by  me.  Believing  the  letter  must  have  been 
written  without  reflection,  I  determined  to  send  mine,  and  pay  no 
attention  to  that  of  the  Secretary,  until  I  could  see  him  personally, 
which  I  did  on  today.  After  adverting  to  the  case,  and  discussing 
it,  Mr.  Upshur  requested  me  to  return  his  letter,  in  order  that  he 
might  reconsider  the  matter,  promising  me  at  the  same  time  an  early 
answer.  I  cannot  beUeve,  but  that  the  negroes  will  be  surrendered. 
With  the  testimony  which  I  have  produced  to  the  Department,  I  do 
not  know  how  they  can  avoid  it.  I  shall  give  the  subject  every 
attention  and  advise  you  as  early  as  possible  of  the  result.  In  inves- 
tigating this  matter,  I  have  discovered  important  information  in 
regard  to  an  illicit  trade  carried  on  with  the  wild  Indians  of  Texas, 
by  traders  from  the  United  States,  of  which  I  made  complaint,  under 
your  instructions  last  winter,  and  which  was  denied  by  Mr.  Spencer 
the  then  Secretary  of  War.     So  soon  as  I  can  embody  all  the  facts  I 

aL.S. 


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212  AMEBIC AK  HISTORICAL  ASSOCIATIOK. 

shall  lay  the  same  before  this  (Jpyemment,  and  request  an  action 
thereon. 

I  have  received  nothing  from  your  department  for  more  than  two 
months  past. 

With  great  regard 

Your  friend  and  Obdt.  Servt 

Isaac  Van  Zandt 

[Inclosed  are  the  following:*  Upshur  to  Van  Zandt,  September  7, 
1843;  Parker  to  Upshur,  August  22, 1843;  Crawford  to  Porter,  August 
18,  1843;  Van  Zandt  to  Upshur,  September  14,  1843  (acknowledging 
receipt  of  Upshur's  note  of  September  7);  Van  Zandt  to  Upshur, 
September  14,  1843  (concerning  Dr.  Robertson's  negroes).] 


Upshur  to  Mukpht.* 


Upshur  to  Murphy.* 


Murphy  to  Upshur.*' 


Murphy  to  Upshur.^ 


Jones  to  Van  Zandt. 

Department  op  State 
Washington  [Texas]  Septr.  S9th  184S 
To  the  Hon. 

IsAAO  Van  Zandt 

ChargS  d' Affaires  of  the  Republic  of  Texas  etc  etc. 
Sir, 

I  have  the  honor  to  acknowledge  the  receipt  of  your  two  des- 
patches under  date  of  the  10th  and  15th  Ulto.  and  of  your  private 
letter  of  the  12th.  and  Mr.  Raymond's  of  the  20th  of  the  same  month — 
all  of  which  are  satisfactory  to  the  Department. 

My  last  communication  to  you  was  of  the  20th.  of  Augt.  and  was 
necessarily  very  brief  on  account  of  the  severe  illness  of  myself  and 
the  clerks  in  the  office. 

a  See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
h  September  22, 1843.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
e  September  23, 1843.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
*  September  24, 1843.   See  Calendar  of  Correspondence  with  the  United  States  In  Part  L 


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COBRBSPONDENCE  WITH  THE  UNITED  STATES.  218 

The  Post  OflSce  Blanks  were  duly  received  by  the  hands  of  Mr. 
Abell^  bearer  of  despatches  to  Gen  Murphy.  You  will  please  return 
the  acknowledgment  of  my  thanks  to  the  Post  Master  Gren.  of  the 
U.  S.  Mr.  WickUffe  and,  also  to  the  Commissioner  of  the  Patent 
OflBce  Mr.  Ellsworth  for  their  kindness  in  furnishing  this  Department 
with  the  Blank  forms  of  their  respective  oflSces. 

♦  ♦♦♦♦♦  3|ca 

Cols.  Sam  W.  Williams  and  Geo.  W.  Hockley  have  been  appointed, 
Commissioners  on  the  part  of  this  Govt,  to  arrange  the  terms  of  the 
Armistice  between  Texas  and  Mexico,  with  Commissioners  to  be 
named  by  Gen.  Adrian  Woll,  Commander  in  Chief  of  the  Army  of 
the  North,  and  left  this  on  the  26th  Inst,  for  Matamoros.  As  you 
will  see  by  the  enclosed  Proclamation  of  the  President  the  Mier  and 
other  prisoners  are  to  be  at  once  released  by  Gen.  Santa  Anna. 
Enclosed  herewith  I  have  the  honor  to  transmit  you  copies  of  some 
recent  correspondence  with  Capt.  Elliot  on  this  subject  for  your 
information. 

You  will  embrace  an  early  opportimity  and  respectfully  but 
urgently  press  upon  the  government  of  the  United  States  a  prompt 
reparation  for  the  outrage  committed  upon  Mr.  James  Bouriand 
Collector  of  the  District  of  Red  River  and  the  pubhc  revenue  as 
conmiunicated  to  you  in  a  former  despatch.  The  disposition  which 
has  recently  been  evinced  by  officers  of  that  Government  in  command 
on  the  frontier  adjoining  ours  must  be  very  promptly  checked,  or  it 
will  inevitably  lead  to  a  breach  of  the  good  understanding  now 
existing,  between  the  two  countries  and  which  it  has  ever  been  the 
earnest  desire  and  effort  of  this  government  to  maintain  and  per- 
petuate. The  amount  of  property  illegally  taken  from  the  collector 
in  the  instance  complained  of  was  as  is  supposed  about  Seventy 
thousand  dollars,  for  which  sum  you  will  make  a  formal  reclamation 
on  the  Govt  of  the  U.  S.  as  well  as  for  proper  satisfaction  for  the 
insult  given  to  this  Government  in  the  person  of  its  officer,  and  for  the 
grievous  personal  injury  sustained  by  him,  from  the  armed  force, 
which  under  the  coimtenance  and  protection  of  the  commander  of  Fort 
Towson  so  recklessly  invaded  our  territory  The  principles  of  inter- 
national law  which  govern  this  case  are  so  plain  in  their  character 
that  it  makes  it  quite  unnecessary  I  should  specify  the  arguments 
which  it  will  be  proper  for  you  to  use  in  support  of  this  just  demand. 
The  collector,  siezed  the  property  in  conformity  with  our  laws,  and 
the  owners  by  resorting  to  force,  without  waiting  for  the  clemency 
of  the  government  to  interpose  in  their  behalf,  forfeited  all  claim 
upon  that  clemency. 

The  course  adopted  by  the  United  States  in  interposing  her  good 
offices  to  effect  a  termination  of  the  war  between  this  country  and 


a  The  omiwlon  here  Indicated  Is  of  a  paragraph  relating  to  Van  Zandt's  salary. 


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214  AMEBICAN  HISTORICAL  ASSOCIATION. 

Mexico  as  indicated  in  ,your  despatch  of  the  10th  Ulto.  is  highly  satis- 
factory to  the  President.  Coming  as  it  does  at  the  moment  when 
the  two  countries  are  about  to  commence  friendly  negotiations,  it 
will  doubtless  have  a  very  favorable  influence  upon  the  councils  of 
Mexico. 

Commissioners  are  now  at  Birds  Fort,*  in  council  with  the  various 
smaller  tribes  of  hostile  Indians  and  it  is  very  probable  a  treaty  of 
peace  will  be  effective  with  them.  As  you  anticipate,  the  Com- 
manches  declined  attending  at  that  place.  Col.  J.  C.  Eldridge,  who 
with  Messrs  Torrey  and  Bee,  and  the  three  Delaware  Indians,  Secondi, 
John  Connor  and  Jim  Shaw  was  sent  to  these  Indians  by  the  Presi- 
dent, fell  in  with  them  high  upon  the  Canadian  River.  Pd-Jia-yw-co 
the  principal  Chief  and  many  others  expressed  themselves  favorably 
to  peace,  and  agreed  to  come  to  the  Commanche  Peak  on  the  Brazos 
at  the  time  of  the  full  moon  in  December  to  hold  a  council  for  that 
purpose.  In  the  mean  time  they  promised  to  send  out  runners  to 
notify  the  scattered  bands  of  this  arrangement  and  to  summon 
them  to  attend  at  that  time  and  place.  They  also  promised  to 
cease  hostilities,  on  their  own  part  against  Texas  and  to  restrain 
the  others  from  committing  any  as  far  as  in  their  power  to  do.  Should 
the  United  States  agree  to  the  proposal  you  may  have  made,  it  will 
probably  be  well  to  despatch  runners  immediately  to  notify  the  In- 
dians of  the  fact.  In  order  however  to  give  full  time  for  the  recip- 
rocal action  of  the  two  government  as  well  as  to  consult  all  the 
various  Indian  tribes  the  President  thinks  the  full  moon  in  May 
next,  will  be  early  enough  for  the  council.  As  it  regards  the  place, 
he  wishes  some  point  on  the  Brazos  fixed  on  if  possible — if  not,  he 
will  consent  to  the  Red  River  as  the  point  of  meeting.  There  will 
not,  it  is  presumed,  be  time  for  the  Government  of  the  U.  S.  to  send 
out  and  ascertain  the  views  and  wishes  of  the  Indians  and  then  to 
send,  a  Commissioner  to  the  Commanche  Peak  or  Clear  Fork  of  the 
Brazos  by  the  full  moon  in  December  If  so  the  council  to  be  held 
there  might  be  made  introductory  to  the  one  proposed  to  be  held  in 
May — or  perhaps  might  be  dispensed  with,  and  made  to  correspond 
with  the  arrangement  you  may  have  made  with  the  Government  of  the 
United  States.  It  is  extremely  desireable  that  the  U.  States  should 
become  a  party  and  a  guarantor  to  a  treaty  with  the  hostile  Indians 
within  and  upon  our  borders — and  if  you  can  effect  an  arrangement 
for  that  purpose  you  w411  do  so,  and  report  the  same  as  early  as 
practicable.  If  a  Commissioner  can  attend  at  the  Commanche 
Peak  on  the  Brazos  in  December,  it  may  possibly  answer  every 
purpose.  You  will  consult  on  all  these  points  with  the  Grovt.  at 
Washington,  and  in  view  of  the  facts  and  suggestions  now  commu- 
nicatedi  agree  as  may  be  mutually  deemed  most  proper.     It  will  of 

o  On  the  Trinity,  about  twenty  miles  westerly  from  Dallas. 


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COBRESPONDENCE  WITH  THE  UNITED  STATES.  215 

course  be  always  borne  in  mind  that  a  season  of  the  year  should  if 
possible  be  fixed  upon,  when  there  is  a  plenty  of  grass,  in  order  that 
horses  etc.  may  be  subsisted,  without  com. 

The  appointment  of  Governor  Butler  as  Commissioner  on  the  part 
of  the  U.  States  to  attend  the  Indian  Council  was  most  acceptable  to 
this  Govt,  and  it  is  hoped  that  he  may  be  again  named  in  case,  the 
United  States  should  agree  to  send  one  to  the  Council  now  proposed. 
Whoever  may  be  appointed  however  you  will  immediately  notify 
this  Department  of  the  same,  as  it  may  be  necessary  for  this  Govern- 
ment to  communicate  with  him  directly. 

Enclosed  herewith  I  have  the  honor  to  transmit  you  a  copy  of  the 
Official  report  to  the  Department  of  War  and  Marine,  of  Col.  Jacob 
Snively  lately  in  command  of  an  expedition  on  our  northwestern 
frontier — and  also  a  copy  of  the  instructions  under  which  that  officer 
was  acting.  By  this  report  you  will  percieve,  that  a  most  extraordi- 
nary outrage  has  been  committed,  upon  this  Officer  and  his  Men  by 
Capt.  Cooke,  an  officer  of  the  U.  States  Army  who  in  contempt  of  all 
laws  human  and  divine  recklessly  invaded  our  territory,  captured  the 
command  under  Col.  Snively  disarmed  and  abused  the  officers  and 
men,  and  turned  them  adrift  in  a  wilderness  several  hundred  miles 
from  any  settlement  with  only  five  guns  to  protect  them  from  the 
hordes  of  ruthless  savages  by  whom  they  were  surrounded  and  to 
procure  by  hunting  the  necessary  means  to  save  them  from  starva- 
tion and  death. 

The  President  therefore  directs  that  you,  make  a  prompt  and 
energetic  appeal  to  the  Government  of  the  United  States  in  relation 
to  the  conduct  of  this  officer,  as  well  as  that  of  Gen.  Gaines  by  whose 
authority  and  under  whose  sanction  as  appears  from  his  published 
letter  to  Brig.  Gen.  Taylor*  this  most  unheard  of  outrage  upon 
national  rights  has  been  committed.  You  will  ask  also  for  the  dis- 
missal of  these  officers,  and  for  ample  compensation  to  the  menimder 
command  of  Col.  Snively,  for  the  injuries  sustained  by  them  and  for 
the  loss  of  their  arms. 

The  act  of  Congress  of  the  year  1836^  defined  the  limits  of  the 
Republic  of  Texas,  and  according  to  that  act,  Santa  F6  and  all  that 
portion  of  country  lying  between  the  Rio  Grande  and  the  Territory 
of  the  United  States  is  included  within  our  declared  limits.  Within 
these  limits  Texas  has  been  acknowledged  sovereign  by  the  United 
States  Great  Britain  France  and  the  Netherlands.  The  right  to 
regulate  trade  is  one  of  the  attributes  of  sovereignty,  and  this  country 
properly  claims  that  right.  For  some  time  past  an  illicit  and  con- 
traband commerce  has  been  carried  on  through  our  territory  from 

a  Dated  July  27, 1843.    See  St.  LouU  New  Era  for  Angost  4, 1843;  Telegraph  and  Texaa  RegitUr  for  August 
80,1843. 
b  Deconber  19.    See  Oammel,  Laiot  of  Texas,  1, 1193-1194. 


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216  AMEBIOAN  HI8T0BI0AL  AS80CUTI0N. 

Missouri  and  Arkansas,  with  the  settlements  upon  and  beyond  the 
Rio  Grande.  Goods  to  an  immense  amount  have  been  introduced, 
in  violation  of  our  revenue  laws,  both  by  hostile  Mexicans,  and  by 
citizens  of  the  United  States,  a  state  of  things  which  it  has  become 
the  duty  of  this  govemment  to  interrupt  and  prevent. 

The  right  claimed  by  Gen.  Gaines  in  his  published  letter  above  re- 
fered  to,  and  upon  which  principle  Capt  Cooke  appears  to  have  acted, 
in  disarming  Col  Snively,  to  avail  himself  of  the  boundary  line  be- 
tween Texas  and  the  United  States  being  immarked,  to  occupy  all  the 
territory  between  the  latter  country  and  the  Rio  Grande,  would  appear 
to  give  this  government  a  right  upon  the  same  principle  to  assert  a 
similar  claim  to  the  occupancy  of  all  the  territory  between  Texas 
and  the  Mississippi  river — an  absurdity  which  if  attempted  to  be 
carried  into  practical  effect  would  necessarily  lead  to  war  at  once 
between  the  two  countries.  It  is  to  be  hoped  that  the  Government 
of  the  United  States  will  promptly  disavow  the  acts  of  these  their 
officers,  and  the  principles  assumed  by  them — ^principles  which  would 
authorize  every  species  of  aggression,  upon  our  national  rights,  and 
ultimately  lead  to  an  entire  subversion  of  them. 

You  will  ther^ore  lay  this  whole  subject  before  the  government  of 
the  United  States  from  whose  justice,  magnanimity  and  friendly 
disposition  the  President  confidently  reUes  for  the  adoption  of  a 
course  which  will  afford  proper  and  speedy  satisfaction  for  the 
wrongs  now  complained  of.  If  on  the  contrary  this  satisfaction 
should  not  be  awarded  us,  no  other  course  will  be  left  the  President 
than  to  recall  you,  and  to  submit  the  matters  in  dispute  to  the 
umpirage  of  Great  Britain  and  France.  In  your  official  intercourse 
with  the  Secretary  of  State  of  the  U.  States,  if  you  find  that  satis- 
factory redress  is  not  likely  to  be  awarded  us  you  can  verbally  inform 
him  that  this  course  will  have  ultimately  to  be  adopted.  You  will 
however  use  every  persuasive  means  to  obtain  justice  from  the  govern- 
ment of  the  United  States,  and  I  sincerely  hope  the  result  may  be 
favorable  and  that  the  good  understanding  heretofore  existing 
between  the  two  countries  may  remain  undisturbed.  It  is  certainly 
for  the  best  interests  of  both  that  such  should  be  the  case. 

Enclosed  herewith  I  also  send  a  request  of  his  Ebccellency  the 
President  of  Texas,  on  his  Excellency  the  President  of  the  United 
States,  that  he  will  cause  to  be  delivered  up  one  Hiram  Kenley  a 
refugee  from  justice  in  this  country.  It  will  probably  be  better  that 
you  should  first  make  an  informal  application,  in  order  to  ascertain 
whether  the  President  of  the  United  States  would  accede  to  such  a 
request,  or  not.  If  he  should  consent  to  the  proposition,  you  can 
then  make  the  application  in  form.  Gen.  J.  Pinckney  Henderson 
and  Mr.  Bayne  will  go  bn  to  Kentucky  in  Octr.  or  Novr.  next,  and 
you  will  please  write  to  Gen.  Henderson  informing  him  of  the  answer 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  217 

of  the  President  of  the  United  States  may  make  to  the  request  to 
deliver  up  Kenley;  and  transmit  to  him  also  any  order  to  that  effect 
which  may  be  granted.  He  will  write  you  and  inform  you  wh^e 
to  address  him  in  Kentucky.  You  will  also  notify  this  Department 
of  the  issue  of  any  application  you  may  make  to  the  Govt,  of  the 
U.  S.  in  this  matter. 
I  have  the  honor  to  be  with  the  highest  respect 
Your  Ob  Svt 

Signed  Anson  Jones 

[The  original  inclosures,  which  are  not  on  file  with  the  dispatch, 
were  the  proclamation  of  Houston  referred  to  therein,  September  4, 
1843,-"  Jones  to  Elliot,  September  4,  1843,  concerning  the  Mier 
prisoners,  and  the  reply,  September  15,  1843;''  the  instructions  to 
Snively,  February  16,  1843,  and  the  report  of  Snively,  July  9,  1843,* 
both  of  which  are  given  below;  Houston  to  Tyler,  requesting  the 
delivery  of  Hiram  Kenley,  a  fugitive  from  justice.*'] 


(Copy.d) 

Department  of  Wab  and  Mabinb 

Washington  [Texas]  16{h  Feby  1843. 
To  Col.  Jacob  Snively 

Sm, 

Your  communication  of  28th  Ulto.,  soUciting  permission  from  the 
Govt,  to  organize  and  fit  out  an  expedition  for  the  purpose  of  inter- 
cepting and  capturing  the  property  of  Mexican  Traders  who  may  pass 
through  the  territory  of  the  RepubUc,  to  and  from  Santa  F6  etc. 
has  been  received,  and  laid  before  His  Excellency  the  President, 
and  he,  after  a  careful  consideration  of  the  subject,  directs  that  such 
authority  be  granted  you,  upon  the  terms  and  conditions  therein 
expressed, — ^That  is  to  say. 

You  are  therefore,  hereby  authorized  to  organize  such  a  force, 
not  exceeding  three  hundred  men,  as  you  may  deem  necessary  to 
the  achievement  of  the  objects  proposed. 

The  expedition  will  be  strictly  partizan,  the  Troops  composing  the 
corps  to  mount,  equip  and  provision  themselves  at  their  own  expense, 
and  one  half  of  all  the  spoils  taken  in  honorable  warfare,  to  belong 
to  the  RepubUc  and  the  Government  to  be  at  no  expense  whatever 
on  account  of  the  expedition. 

The  force  may  operate  in  any  portion  of  the  Territory  of  the 
Republic,  above  the  line  of  settlements  and  between  the  Rio  del 

a  See  Calendar  of  Correspondence  with  the  United  States  In  Part  I.    A  transcript  is  in  the  Beoords  of 
Department  of  State  (Texas)  Book  38,  p.  78. 
b  For  both,  see  Correspondence  with  Great  Britain, 
c  This  document  has  not  been  found. 
d  See  Army  Papers,  State  Library. 


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218  AMEBICAIT  HISTORICAL  ASSOCIATIOK. 

Norte  and  the  boundary  line  of  the  United  States,  but  will  be  careful 
not  to  infringe  upon  the  territory  of  that  Govt.,  as  the  object  of  the 
expedition  is  to  retaliate  and  make  reclamation  for  injuries  sustained 
by  Texan  citizens,  the  merchandise  and  other  property  of  aU  Mexican 
citizens  will  be  a  lawful  prize,  and  such  as  may  be  captured  will  be 
brought  into  Red  River,  one  half  of  which  will  be  deposited  in  the 
Custom  House  of  that  District,  subject  to  the  orders  of  the  Grovem- 
ment,  and  the  other  half  will  belong  to  the  captors  to  be  equally 
divided  between  the  OflBcers  and  men.  An  agent  will  be  appointed 
to  assist  in  the  division. 

The  result  of  the  campaign  will  be  reported  to  the  Government 
upon  the  disbandment  of  the  force,  as  alsd  its  progress  from  time 
to  time,  if  practicable. 

By  order  of  the  President 

(Signed)  M.  C.  Hamilton 

Ad.  Sec.  War  and  Marine 


(Copy.a) 

Camp  on  Elmn  Cbeek,  July  9ih  I84S. 
To  Hon.  Geo.  W.  Hill 

Sec^y  of  War  and  Marine^ 

Sir, 

In  my  report  of  29th  June,''  I  omitted  to  give  you  a  statement  of 
the  course  and  distance  I  marched  from  Georgetown,  near  CoflFee's 
Station,  to  the  Arkansas  River.  When  I  took  up  the  line  of  march 
on  the  25th  April  last,  my  course  was  nearly  due  West,  which  course 
I  continued  150  miles,  and  which  carried  me  at  least  50  miles  west  of 
100^,  West  Longitude.  Then  I  crossed  the  River  and  marched  from 
that  point  N.  20°,  W.  (by  the  Compass)  till  I  fell  on  the  Arkansas, 
marching  275  miles,  which  brought  nje  60  miles  East  of  the  crossing 
of  the  Santa  F6  road,  and  at  least  57,  west  of  the  point  where  the 
line  between  the  two  Governments  would  intersect  the  River.  Being 
satisfied  that  I  was  correct  in  my  calculations,  I  felt  no  hesitation  in 
ordering  the  Battallion  to  march  to  the  River,  on  the  29th  June  for 
the  purpose  of  procuring  supplies  of  Buffaloe  meat,  there  being  none 
on  Crooked  Creek  where  I  was  then  encamped.  The  same  evening 
we  reached  the  River  45  miles  East  of  the  crossing.  The  next  morn- 
ing June  30th,  a  party  of  men  were  dispatched  to  kill  BuflFalo.  After 
having  been  unsuccessful  on  the  Texas  side,  they  crossed  the  River, 
seeing  numerous  herds  on  that  side,  and  while  in  pursuit  of  them 
they  discovered  them  to  be  S  Dragoons  approaching,  and  having 

a  See  Anny  Papers,  State  Library. 

b  This  earlier  report,  which  Is  filed  with  the  Army  Papers  In  the  State  Library,  was  addressed  to  M.  C. 
Hamilton,  who  shortly  before  had  been  secretary  of  war  and  marine,  but  who  had  now  been  succeeded 
by  George  W.  HIIL     The  date  was  In  fact  June  28. 


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COERESPONDENCE  WITH  THE  UNITED  STATES.  219 

been  discovered  at  the  same  time.^  The  party  immediately  returned 
to  the  encampment,  pursued  to  the  Riveras  brink.  In  a  very  short 
time  the  whole  command  under  Capt  Cooke  appeared  in  sight.  He 
then  dispatched  LH.  Lovell  to  my  encampment,  for  the  purpose  of 
ascertaining  who  we  were,  and  who  was  the  Commanding  Officer, 
his  questions  being  answered.  He  then  informed  me  that  the 
Com'dg  Officer,  Capt  Cooke,  desired  him  to  say,  that  if  I  would  visit 
him  on  the  opposite  side,  I  should  have  a  free  passport.  I  accompa- 
nied L't*  L.  When  I  arrived  Capt  C.  requested  to  see  my  orders. 
After  having  perused  them,  he  observed  'Hhat  it  was  his  opinion, 
that  I  was  encamped  on  the  Territory  of  the  U.  States.  He  then 
retired  with  his  Officers,  held  a  short  consultation,,  returned  and 
stated  that  his  Officers  were  of  the  same  opinion,  and  that  he  had 
come  to  the  conclusion  to  disarm  me.  To  this  I  protested,  giving 
him  an  outline  of  the  course  which  we  marched,  and  also  that  the 
line  was  not  defined,  and  that  he  could  not  point  it  out.  But  noth- 
ing I  could  say  or  do  had  any  effect.  **He  had  made  his  terms,  and 
to  them  I  must  submit."  He  threatened  me  with  his  Artillery  and 
Dragoons,  and  that  if  one  of  my  men  attempted  to  escape,  he  would 
throw  his  shells  into  the  encampment,  and  send  his  Dragoons  across 
the  River  to  cut  the  command  to  pieces.  He  had  under  his  Com- 
mand 196  men,  and  the  advantage  of  two  field  pieces,  and  in  fact 
his  superiority  of  discipline.  Horses  and  Arms,  gave  him  a  decided 
advantage.  At  length  he  gave  me  permission  to  leave  with  orders 
to  recross  the  River,  allowing  me  one  hour  to  bring  over  the  Batn., 
and  lay  down  our  Arms.  I  left  him  for  the  purpose  of  submitting 
the  terms  to  the  men.  I  had  proceeded  but  a  short  distance,  when  I 
was  recalled  and  informed  that  Capt  C.  would  accompany  me.  I 
was  under  the  impression  that  he  alone  would  cross  with  me.  What 
was  my  astonishment,  when  the  Bugle  sounded  the  advance!  On 
came  the  Cavalry  and  Artillery,  crossed  over,  formed  line  of  battle 
in  my  rear,  with  colums  on  each  flank,  the  Artillery  in  the  centre,  two 
hundred  yards  distant,  with  port  fires  lit.  When  he  observed  *Hhe 
time  was  growing  short,  and  that  I  must  march  out  the  men,  and 
order  them  to  stack  their  Arms."  This  was  done,  when  the  men 
clamoured  to  be  received  as  prisoners  of  War.  I  requested  Capt 
Cooke  to  receive  them  as  such.  He  said  that  **he  had  made  his 
terms,  and  if  they  were  not  satisfied,  they  should  receive  worse," 
intimating,  that  if  they  were  not  satisfied,  he  would  fall  on  them  and 
put  them  to  death,  unarmed  as  they  were.  He  then  recrossed  the 
River  leaving  ten  rifles  to  107  men.  The  next  morning,  July,  the  1st, 
Capt.  C.  sent  over  a  Detachment,  commanded  by  Capt  Moore  request- 
ing me  to  bring  over  the  men,  in  order  that  he  might  protect  them 

a  The  errors  in  this  sentence  are  probably  due  to  mistakes  of  the  copyist,  but  the  proper  corrections 
are  onoertain. 


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220  AMERICAN  HISTORICAL  A8S0CIATI0K. 

against  the  hostile  Indians  and  Mexicans,  who  were  supposed  to  be 
in  the  neighbourhood.  I  done  so,  and  when  I  halted,  He  addressed 
the  men,  and  offered  an  Escort  to  all  who  wished  to  go  to  Inde- 
pendence M'o.  About  50  men  took  that  rout,  to  whom  he  gave  3 
of  the  10  Guns  he  left  in  our  hands.  The  balance  would  not  accept 
an  escort,  unless,  guarded  to  Texas.  With  this  request  he  said  he 
could  not  comply.  To  this  party  he  allowed  five  guns,  to  make  their 
way  through  the  hostile  bands  of  Indians.  He  ordered  me  at  the 
same  time  to  leave  the  Territory  of  the  U.  States  as  quick  as  possible. 

The  same  evening  after  having  surrendered  our  Arms  I  sent  an 
express  to  Capt  Chandler,  who  with  his  company  of  74  men  were 
found  on  Elmn  Creek,  about  eight  miles  distant,  and  who  had  a  few 
days  previous  been  ordered  home.  The  next  morning,  July  1st,  I 
marched  to  Elmn  Creek  and  encamped.  On  the  2nd.  I  dispatched 
Elish.  C.  Simmons  and  Francis  Sharp  to  spy  out  the  Caravan.  They 
never  returned.  I  presume  they  were  killed  by  a  party  of  Comman- 
ches  with  whom  we  had  a  skirmish  on  the  3d.  This  day  I  again 
sent  out  two  men  to  spy  out  the  Caravan,  and  was  joined  by  Chandler. 
On  the  4th.  the  Indians  again  attempted  to  stampead.  They  suc- 
ceeded in  driving  off  60  or  70  horses,  and  killed  Cddwell  on  Piquet, 
and  lanced  a  man  by  the  name  of  Duncan.  They  were  hotly  pur- 
sued by  about  thirty  men,  only  eleven  succeeded  in  overtaking 
them,  who  engaged  sixty  Indians  and  killed  from  8  to  15  of  them. 
The  Horses,  however,  were  not  recovered. 

On  the  8th.  the  Spies  returned,  and  reported  that  the  Caravan  had 
crossed  the  Arkansas  at  the  usual  crossing,  and  that  it  was  on  the 
road  towards  Santa  F6,  about  30  or  40  miles  from  where  we  were 
then  encamped.  On  the  9th.  finding  nearly  all  Capt.  Chandler's 
men  unwilling  to  pursue  the  Caravan  I  resigned  the  Command. 

I  have  the  honor  to  be.  Very  respectfully. 
Your  Ob't  Servant 

J  Snivelt,  Majr  Ocm^dg  B<U\ 

I  certify  the  foregoing  to  be  a  correct  copy  of  the  original  on  the 
files  of  the  Dept.*  . 

M.  C.  Hamilton 
C.  C.  DepL  War. 
Washington, 

SO{h  Deer.  1843. 


Wood  to  Van  Zandt.* 


a  As  oomi>ai1a(m  M  dates  wfU  show,  UiU  oopj  was  znadt  lat«r  ttuua  that  originaUy  loolofl^ 
of  Jones  to  Van  Zandt 
»  September  30, 1843.    See  Van  Zandt  to  Jones,  October  16, 1843. 


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COBBBSPONDBNOT  WITH  THE  UNITED  STATES.  221 

Bbowbb  TO  Van  25andt.* 


Upshub  to  Van  Zandt.* 


Van  Zandt  to  Jones.  ^ 
Dispatch  No.  109 

Legation  op  Texas 

Washington  City  D.  C. 

October  16th.  1843 
Honorable 

Anson  Jones 

Secretary  of  State 

Sib, 

On  the  18th.  ultimo  I  had  the  honor  to  make  a  communication  to 
your  Department  on  the  subject  of  annexation.  I  have  now  the 
honor  to  submit  for  your  information,  and  consideration  a  com- 
munication upon  the  same  subject  this  day  received  by  me,  from  the 
Hon  A.  P.  Upshur,  Secretary  of  State  of  the  United  States.  This 
conamunication  you  will  perceive,  places  that  question  at  once  in  a 
tangible  shape,  it  comes  to  the  point,  and  presents  the  issue;  Are  we 
ready  to  negotiate  a  treaty  of  annexation,  or  not  t 

This  question  has  engaged  the  attention  of  the  Government  of 
Texas,  at  different  times  since  1837  and  has  been  pressed  at  aU  times, 
whenever  there  was  an  apparent  prospect  of  success.  From  this 
I  infer  that  heretofore  there  has  been  no  policy  of  the  Government 
more  settled,  than  that  of  annexation  to  this  country.  The  instruc- 
tions from  yoin*  Department  suspending  my  former  instructions 
upon  this  subject,  I  did  not  construe  as  an  evidence  of  any  radical 
change  in  the  mind  of  the  Government,  as  to  its  wishes  in  regard  to 
the  question,  but  that  the  desire  of  the  Government  still  was  to  be 
annexed,  whenever  practicable.  The  (Jovemment  at  present  is 
using  every  effort  to  obtain  a  peace  with  Mexico,  not  perceiving  that 
a  treaty  of  annexation  can  in  any  wise  miUtate  against  that  object.  I 
entertain  the  opinion  that  the  subject  now  presented  by  the  Secretary's 
letter  will  be  met  in  a  corresponding  spirit,  on  the  part  of  our  Govern- 
ment, and  that  the  powers  will  be  furnished  to  the  Texian  Representa- 
tive here  to  conclude  such  a  treaty.  This  opinion,  as  an  individual, 
I  have  expressed  to  the  Secretary  of  State,  at  the  same  time  dis- 
claiming any  authority  on  the  part  of  my  Government  for  such  an 
opinion. 

«  Oetober  10,  IMS.   See  Van  Zandt  to  Jodm,  Oetober  10, 1848.  eL.S. 

»  Octoberl6, 1843.   See  Van  Zandt  to  Jones,  October  Id,  1843. 


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222  AMERICAN  HISTORICAL  ASSOCIATION. 

Believing  that  the  question  of  annexation  is  fraught  with  con- 
sequences of  the  first  magnitude,  and  if  consumated  calculated  in  an 
eminent  degree  to  advance  the  welfare,  and  prosperity  of  the  country, 
I  have  thought  it  my  duty  to  dispatch  this  communication  by  a 
special  messenger,  in  order  to  apprise  your  Department  as  early  as 
possible,  and  that  no  time  may  be  lost  in  ascertaining  on  my  part 
the  determination  of  the  Government.  Having  no  means  to  employ 
a  special  agent  for  this  purpose,  and  moreover,  as  it  is  difficult  to 
embody  in  a  communication  without  much  time  and  labor,  the  many 
facts  which  it  would  be  important  to  be  known  to  your  department 
touching  this  matter,  all  of  which  are  familiar  to  Mr.  Raymond 
Secretary  of  Legation,  at  my  request  he  has  consented  to  take  charge 
of  this  dispatch  and  depart  for  Texas  immediately.  To  him  I  must 
refer  you  for  information  in  regard  to  many  matters  bearing  on 
this  question. 

I  am  of  opinion,  that  at  no  time  since  the  question  was  first  pre- 
sented to  this  Government,  have  there  been  so  many  circumstances 
combining  to  secure  the  favorable  action  of  the  Senate  of  the  United 
States.  The  late  declarations  of  Lord  Aberdeen  in  the  British 
Parliament,  in  reply  to  the  interrogatories  of  a  certain  Noble  Lord, 
show  the  designs  of  the  British  Government  in  regard  to  the  institu- 
tions of  the  United  States  through  Texas,  and  make  at  once,  the 
question,  one  of  vital  importance  to  the  slave  holding  states.  The 
possibility  of  England's  (as  many  believe)  securing  an  undue  influence 
in  Texas,  and  thereby  monopoUzing  her  growing  trade,  seems  to 
have  touched  the  secret  springs  of  interest  so  fondly  cherished  by 
northern  manufacturers,  and  presented  the  question  in  a  form 
hitherto  unheeded.  The  West  are  intent  on  the  occupation  of 
Oregon,  in  order  to  wrest  it  from  the  grasping  power  of  Great  Britain — 
it  is  believed  that  the  interest  of  the  two  questions  of  the  annexation 
of  Texas,  and  the  occupation  of  Oregon  can  be  combined,  securing  for 
the  latter  the  south  and  southeastern  votes  and  for  the  former  some 
northern  and  the  entire  western  vote.  Those  presses  which  have 
discussed  the  matter  place  it  above  party  grounds  and  unshackled 
with  party  trammels.  This  I  think  is  highly  advantageous  for  if  it 
were  made  a  strictly  party  vote,  neither  of  the  two  great  parties 
have  sufficient  members  to  carry  it.  Should  the  treaty  be  con- 
cluded some  provission  would  necessarily  be  made  for  our  Govern- 
ment Uabilities — this  would  at  once  secure  the  influence  of  the  holders 
thereof  in  this  country.  The  influence,  of  the  old  United  States 
Bank  agents,  though  the  bank  itself  is  dead  in  law,  would  prove  a 
host  in  itself.  It  has  been  told  me,  and  by  one  entitled  to  confidence 
that  some  of  these  holders  of  our  Uabilities  have  lately  interested 
in  a  pecuniary  way,  a  distinguished  lawyer,  a  whig  senator  from  one 
of  the  northern  States,  who  if  necessary  would  settle  in  Texas  in 


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COEBESPONDENCE  WITH  THE  UNITED  STATES.  223 

order  to  prosecute  measures  to  secure  their  claims.  Then,  if  under 
all  these  circumstances  we  should  reject  this  proposition,  there  can  be 
but  little  probability  that  so  propitious  a  moment  will  soon,  if  ever 
again  occur. 

With  these  hasty  remarks  I  submit  the  matter  for  the  determination 
of  His  Excellency  the  President,  aided  by  his  Constitutional  advisers, 
with  a  fervent  wish  that  his  decission  may  redound  to  the  welfare  and 
prosperity  of  Texas. 

In  view  of  the  financial  condition  of  Texas,  and  believing  that  the 
Legation  imder  the  circumstances  might  dispense  with  the  Services 
of  a  Secretary,  Mr.  Raymond  had  expressed  to  me  his  intention,  at  an 
early  day,  to  tender  to  the  President  his  resignation.  Now,  should 
the  Government  decide  to  make  the  treaty  of  annexation,  I  conceive 
that  it  will  be  highly  necessary  that  the  services  of  a  Secretary  of 
Legation  should  be  retained,  at  least  for  the  present.  If  therefore 
you  should  concur  with  me  in  opinion  I  hope  that  you  will  so  mani- 
fest it  to  Mr.  Raymond,  that  he  may  be  induced  to  continue  his 
services  as  Secretary  of  Legation.  His  knowledge  of  the  duties  of  his 
station,  aside  from  other  considerations,  renders  it  desirable  that  he 
should  be  retained,  if  an  action  be  decided  on. 

It  is  but  due  to  Mr.  Raymond,  and  it  affords  me.  much  pleasure  on 
this  occasion  to  bear  testimony  to  your  Department,  of  the  prompt- 
ness, fideUty  and  ability  with  which  he  has  at  all  times  discharged  his 
official  duties,  and  while  I  most  cordially  commend  him  to  you,  I  feel 
assured  that  the  confidence  which  is  now  or  may  hereafter  be  reposed 
in  him  by  Government  will  never  be  misplaced. 

If  the  Grovemment  determine  to  furnish  to  its  agent  here  full  powers 
to  negotiate  the  proposed  treaty,  I  think  the  instructions,  which 
accompany  them,  should  be  as  full  and  expHcit  as  possible  imder  the 
circumstances 

I  have  also  the  honor  herewith  to  communicate  to  the  Department 
the  copy  of  a  letter  received  from  Hon.  Fernando  Wood  of  New  York, 
giving  information  of  certain  alledged  violations  of  official  duties,  by 
J.  H.  Brower  Esq,  Texian  Consul  of  that  city.  Upon  the  receipt  of 
this  letter,  I  addressed  a  note  to  Mr.  Brower  acquainting  him  of  the 
charges  against  him,  and  requesting  his  statement  of  the  circum- 
stances connected  with  the  affair.  His  reply  is  herewith  enclosed. 
The  two  statements,  between  which  there  appears  to  be  a  very  great 
variance,  contain  all  I  have  learned  in  relation  to  the  occurrence. 
So  far  as  I  have  heretofore  had  an  opportimity  of  knowing,  Mr. 
Brower  has  deported  himself  properly,  and  given  general  satisfaction. 
Unless  other  testimony  be  adduced  to  show  his  culpabiHty,  I  appre- 
hend he  will  receive  no  serious  censure  from  the  Department. 

Should  this  view  concur  with  that  of  His  Excellency,  the  President, 
I  would  respectfully  suggest,  that  perhaps  it  might  not  be  improper 


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224  AMEBICAN  HISTORICAL  ASSOCIATION. 

for  the  Department  to  address  a  communication  to  Mr.  Brower, 
impressing  upon  bjm  the  importance  of  avoiding  as  much  as  possible 
strifes,  and  difficulties  of  eyery  character  with  those  who  have  business 
with  him,  pertaining  to  the  consulate. 

I  have  tixe  honor  to  be  with  the  highest  sentiments  of  regard 
Your  very  obdt.  servt. 

Isaac  Van  Zandt 

[Next  come  copies  of  the  following:  Upshur  to  Van  Zandt,  October 
16,  1843;"  Wood  to  Van  Zandt,  September  30, 1843,  complaining  of 
insulting  treatment  by  J.  H.  Brower,  Texan  consul  at  New  York; 
Brower  to  Van  Zandt,  October  10,  1843,  acknowledging  Van  Zandt's 
note  of  October  9,  in  which  is  given  a  statement  of  Wood's  charges, 
and  defending  himself  against  them.] 


Van  Zandt  to  Upshur.'^ 


Van  Zandt  to  Jones.*' 


Van  Zandt  to  Jones.** 

(Despatch  No.  110.] 

Legation  of  Texas 
WasUngton  D  C  Nov  4ih  184S 
Deab  sib 

I  have  the  honor  to  acknowledge  the  receipt  on  yesterday  of  your 
communication  of  the  29th  September  last,  together  with  a  copy  of 
a  certain  correspondence  with  Capt  Elliott  British  Charge  d' Affaires, 
also  the  demand  of  the  President  for  the  delivery  of  Hiram  Kenley 
a  refugee  from  justice  and  a  copy  of  the  order  of  the  Department  of 
War  and  Marine  directed  to  Col  Jacob  Snively  with  the  report  of 
that  officer  giving  information  of  the  maimer  of  the  termination  of  his 
campaign 

The  several  matters  embraced  in  your  communication  and  accom- 
panying papers  shall  receive  my  prompt  attention.  But  as  it  will 
require  some  little  time  to  execute  all  your  instructions,  I  deem  it 
proper  first  to  submit  for  your  consideration  some  reflections  of  mine 
upon  some  of  the  points  to  which  my  attention  has  been  directed, 
together  with  a  succinct  statement  of  the  condition  of  some  of  the 
various  questions  heretofore  pending.    The  last  I  notice  fir^t. 

a  See  Calendar  of  CorraspondflDoe  with  tbe  United  States  in  Part  I. 

b  October  19, 1843.    See  Van  Zandt  to  Jones,  November  i,  1843. 

c  October  22, 1843.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

<IL.S. 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  225 

Annexed  you  will  find  a  copy  of  my  reply  to  Mr  Upshnrs  note  upon 
the  subject  of  annexation.  I  thought  it  best  as  my  instructions 
stood  to  make  no  intimation  of  Opinion  upon  the  subject  but  simply 
to  inform  the  Secretary  that  a  copy  of  his  note  was  submited  for 
the  determination  of  the  Grovemment.  This  question  app>ears  to 
receive  daily,  increased  interest  here,  not  only  with  the  Government 
but  the  people  also.  It  is  the  leading  mattier  of  inquiry  by  almost 
every  prominent  man  I  meet.  The  opinion  of  those  friendly  to  the 
measure  is  that  should  such  a  treaty  be  in  contemplation,  at  no  time 
since  the  subject  was  first  agitated,  has  there  been  so  many  circum- 
stances combining  to  facilitate  its  ratification.  Mr  Adams  mani- 
fests great  alarm.  In  a  speech  of  more  than  two  hours  length  to 
his  constituents  lately,  he  occupied  the  principal  portion  of  the  time 
in  discussing  the  subject  and  the  matters  connected  therewith.  I 
hope  that  before  this,  you  have  received  my  despatches  in  regard  to 
it  and  have  given  it  a  favorable  consideration 

The  instructions  final  have  been  sent  to  Gov  Butler  who  is  Com- 
missioner to  meet  the  Indians.  I  found  it  impossible  to  obtain  the 
sanction  of  this  Government  to  conclude  such  a  treaty  as  would  make 
the  United  States  a  guarantee  for  the  faithful  performance  of  the 
conditions  The  present  Secretary  of  War  and  Commissioner  of 
Indian  Affairs  as  well  as  Mr  Spencer  late  Secretary  of  War  and  now 
of  the  Treasury,  were  uncompromising  in  their  opposition.  The 
commissioner  is  however  directed  to  use  all  his  powers  to  affect  [sic] 
a  treaty  of  peace  between  Texas  and  the  Indians.  The  commissioner 
of  Indian  affairs  has  Ukewise  addressed  letters  to  the  principal  chiefs 
of  the  Cherokee,  Choctaw,  Chickasaw  and  Creek  Nations  to  persuade 
them  not  to  oppose  but  to  use  their  influence  with  the  wild  Indians 
to  induce  them  to  conclude  a  peace  with  Texas.  From  the  tenor 
of  your  communication  I  fear  that  the  time  agreed  upon  will  not  be 
entirely  convenient  for  our  Government.  In  regard  to  this  I  can 
only  say  that  I  have  acted  with  the  best  Ughts  upon  me  and  hope 
the  Department  may  be  able  to  carry  out  the  arrangements 

Since  the  date  of  my  last  dispatch  to  your  department  I  have  fre- 
quently called  on  the  Secretary  of  State  and  urged  upon  him  the 
necessity  of  taking  up  the  case  of  the  outrage  upon  Col  Bourland  the 
collector  of  Bed  Biver.  He  has  universally  replied  to  me  that  he 
had  not  yet  been  able  to  procure  all  the  testimony  upon  the  subject 
but  that  he  hoped  soon  to  receive  it  when  he  would  at  once  take  it 
up  In  your  communication  now  before  me  I  am  instructed  to  make 
a  demand  for  indemnity  for  the  supposed  amount  of  goods  taken 
from  the  collector.  I  entertain  some  doubt  whether  the  claim  if 
now  made  can  be  held  as  well  founded,  since  in  making  the  demand 
for  reperation  for  the  vnrongs  done  the  collector  we  presented  the  fact 
that  the  goods  had  been  ordered  to  be  released  and  communicated 

3^28*'— VOL  2,  PT  1—11 16 


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226  AMERICAN  HISTORICAL  ASSOCIATION. 

at  the  same  time  a  copy  of  those  orders.  I  take  this  to  be  the  rule 
in  civil  cases  that  if  an  officer  has  taken  possession  of  property  and 
an  order  is  afterwards  issued  from  the  proper  authority  for  its  release 
and  in  the  mean  time  before  the  Officer  is  advised  of  the  order  of 
release  the  property  is  wrested  from  his  possession  and  returned  to 
its  original  possessor,  though  the  party  would  be  liable  to  a  prosecu- 
tion for  the  tresspass  or  violence  if  used,  yet  it  would  in  no  degree 
affect  his  title  to  the  property  or  make  him  liable  for  its  value  at  the 
suit  of  any  other  person  not  even  the  officer  himself.  If  in  this  lam 
correct  I  apprehend  that  the  principle  is  no  less  true  in  a  national 
point  of  view.  I  merely  submit  these  reflections  for  your  consider- 
ation, not  as  controlling  my  action  for  as  your  instructions  are  un- 
equivocal I  shall  seize  the  earliest  opportunity  to  make  the  demand 
and  will  urge  it  by  every  means  in  my  power.  There  is  one  other 
point  in  this  case  to  which  I  call  your  attention.  Col  Bourland  states 
that  it  can  be  established  that  the  offenders  were  aided  or  countenanced 
by  a  United  States  officer,  Col  Loomis.  I  have  had  some  conversation 
with  Col  Armstrong  Indian  Agent  on  this  subject  and  from  his  state- 
ment I  think  it  will  be  difficult  to  identify  the  officer  in  any  manner 
with  the  outrage.  I  would  therefore  suggest  to  your  Department 
the  propriety  of  calling  on  Col  Bourland  to  procure  such  testimony 
as  he  may  be  able  to  obtain  touching  this  particular  point  and  com- 
municate the  same  to  me  as  early  as  possible  Since  the  date  of  my 
letter  to  Mr  Upshur  Secretary  of  State  upon  the  subject  of  Dr  Rob- 
ertsons negroes,  I  have  given  the  matter  my  frequent  attention  but 
up  to  the  present  time  I  regret  to  have  to  say  that  no  deffinite  action 
has  yet  been  taken  upon  it  by  the  Government  of  the  United  States. 
The  Secretary  of  State  in  our  early  discussions  upon  the  matter 
presented  and  urged  many  objections  to  delivering  up  the  negroes, 
all  of  which  I  think  I  have  met  successfully  not  only  to  my  satis- 
faction but  that  of  the  Secretary  of  State.  In  our  last  interview  on 
the  subject  Mr  Upshur  said  that  he  would  confess  to  me  candidly 
that  he  was  convinced  that  the  United  States  ought  to  deliver  up  the 
negroes  and  that  he  was  anxious  himself  to  do  so  but  that  the  oppo- 
sition of  some  of  the  cabinet  was  so  great  that  as  yet  he  had  been 
unable  to  procure  the  sanction  of  the  President  to  that  course.  I 
told  him  that  the  great  delay  which  had  occurred  in  this  case  was  well 
nigh  tantamount  in  its  effects  to  a  rejection  and  a  longer  procrasti- 
nation of  the.  question  could  not  fail  to  be  viewed  by  the  President 
of  Texas  as  manifesting  a  disposition  on  the  part  of  the  Government 
of  the  United  States  to  avoid  the  performance  of  an  act  manifestly 
called  for  by  the  plainest  treaty  stipulations.  Mr  Upshur  said  he 
would  do  all  he  could  to  accord  to  Texas  her  rights  but  in  the  mean 
time  hoped  that  neither  this  question  nor  those  connected  with  the 
border  difficulties,  should  be  permitted  to  interpose  obstacles  to  the 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  227 

accomplishment  of  the  important  object  of  annexation.  I  replied 
that  I  was  sure  that  it  was  the  most  ardent  desire  of  the  President  of 
Texas  to  cultivate  the  most  friendly  relations  with  the  United  States, 
but  at  the  same  time  I  thought  nothing  could  so  much  contribute  to 
the  mantainance  of  a  good  imderstanding  between  the  two  countries 
as  a  prompt  and  ready  accordance  of  right 

I  am  gratified  to  receive  your  instructions  upon  the  subject  of  the 
disarming  of  Col  Snivelys  command.  This  was  a  great  outrage  and 
demands  reperation.  I  was  strongly  inclined  to  act  on  this  matter 
at  an  earlier  day,  knowing  the  delay  necessarily  attendant  upon  the 
circuitous  route  by  which  Col  Snively's  report  would  be  sent,  but  as 
I  would  have  had  to  rely  upon  newspaper  statements  which  were 
uncertain  and  contradictory  I  finaUy  concluded  to  await  the  receipt 
of  intelligence  from  your  Department  in  regard  to  it.  I  shall  imme- 
diately make  the  coAununication  to  this  Grovemment  upon  the  sub- 
ject as  directed  in  your  instructions, 

*♦*♦♦♦  Jlta 

I  will  see  the  President  on  Monday,  (to  day  being  Saturday  and 
the  usual  day  for  the  meeting  of  the  Cabinet,)  upon  the  subject  of  the 
delivery  of  the  refugee  Henley  ^  and  will  write  to  Genl  Henderson  the 
result. 

I  am  exceedingly  gratified  to  find  that  amidst  all  our  difficulties 
our  prospects  are  brightning.  I  think  that  there  is  much  grounds 
to  indulge  the  hope  that  ere  long  Texas  will  sum^oimt  the  obstacles 
which  have  retarded  her  progress  and  by  the  successful  prosecution 
of  a  proper  policy  find  herself  again  restored  to  peace  and  prosperity. 
With  Sentiments  of  high  regard  I  am 
most  respectfully 

your  obt  Sert. 

IsAAO  Van  Zandt 
To 
Hon  Anson  Jones 
Secretary  ofStaie 
of  Texas 

P.  S.  Please  remember  me  to  the  President  and  Gent  of  the  Cabinet 
thine 

L  V.  Z. 

[Next  comes  a  copy  of  Van  Zandt  to  Upshur,  October  19,  1843.*^] 


Van  Zandt  to  Upshur.** 


a  Here  is  omitted  a  paragraph  referring  to  Van  Zandt's  salary. 
b  Written  inadvertently  for  Kenley.    See  the  first  paragraph  of  the  letter. 
c  See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
<i  November  10, 1843.   See  Van  Zandt  to  Jones,  November  30, 1848. 


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228  AMERICAN  HISTOBICAL  ASSOCIATION. 

A  Gentleman  op  Texas  to  Secretary  op  State  [Upshur].** 


Upshur  to  Murphy.* 


Van  Zandt  to  Jones.** 

Despatch  No  111 

Washington  D  C 

Nw  SOtk  1843 
Hon  Anson  Jones 

Secretary  ofStaie  of  Texas 

Sir 

I  have  the  honor  to  enclose  you  a  copy  of  my  communication  of  the 
10th  Instant  to  the  Hon.  A  P  Upshur  Secretary  of  State  of  the  United 
States  upon  the  subject  of  the  disarming  of  Majr  Snively  by  Capt 
Cook.  I  have  examined  a  variety  of  correspondence  when  similar 
difficulties  have  arisen  and  the  usual  course  seems  to  be  to  make  the 
complaint  in  a  clear  and  decided  tone,  while  the  manner  of  reperation 
is  first  somewhat  left  to  the  magnanimity  of  the  party  who  has  com- 
mited  the  wrong  and  in  the  event  that  sufficient  attonement  is  not 
made  then  the  demand  is  made  in  a  more  peremptory  manner.  I 
have  adopted  this  course  so  far  and  hope  it  may  meet  your  concur- 
ence,  as  I  feel  assured  you  can  not  have  a  greater  desire  than  myself 
promptly  to  vindicate  our  rights  when  thus  rudely  assailed.  In  con- 
nexion with  this  subject  I  would  submit  to  your  Department  whether 
we  ought  not  to  require  of  this  Government  that  for  the  indignity 
offered  to  our  flag  it  should  be  hoisted  in  some  of  the  Western  Garri- 
sons nearest  the  point  where  Snively  was  disarmed  and  saluted  with 
a  number  of  Guns.  If  Snively  had  with  him  a  flag  I  have  no  doubt 
we  ought  to  require  it  Some  time  since  I  had  an  interview  with  the 
Secretary  of  State  on  the  subject,  he  said  he  had  not  yet  fully  investi- 
gated the  matter  but  was  then  engaged  on  it.  He  supposed  it  doubt- 
ful whether  the  act  was  commited  within  the  territory  of  Texas,  but 
be  that  as  it  might  he  considered  it  a  most  extraordinary  one,  wholly 
inexcusable  and  one  that  demanded  the  strongest  censure.  He  was 
unable  to  say  what  would  be  the  final  determination  of  the  President 
but  promised  to  advise  me  at  the  earliest  day  possible.  I  asked  him 
what  he  thought  of  Genl  Gains's  ^  letter  he  replied  by  asking  me  if 
my  Government  did  not  know  that  he  (Gains)  was  considered  a  crazy 

a  November  20, 1843.    See  Calendar  of  Correspondence  with  the  United  States  In  Part  I. 
h  November  21, 1843.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
eL.S. 
d  Gaines's. 


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CORBESPONDENCE  WITH  THE  UNITED  STATES.  229 

man.  I  told  him  the  Texian  Government  believed  his  acts  proved 
him  one,  but  did  not  know  he  was  so  considered  by  his  own  Govern- 
ment He  said  he  considered  him  so  and  that  the  President  was  desir- 
ous to  dispense  with  his  services  but  that  he  was  at  a  loss  in  regard 
to  him  that  during  the  last  war  he  was  a  valuable  officer,  but  was  now 
in  a  great  degree  unfit  for  the  service.  In  a  conversation  with  the 
President  in  regard  to  Genl  Gains's  letter  he  said  that  such  latitu- 
dinous  doctrine[s]  were  never  entertained  by  him  (the  President)  nor 
was  General  Gaines  authorized  to  promulgate  them  In  regard  to 
Cooks  conduct  the  President  remarked  that  the  subject  was  a  very 
perplexing  one  and  he  was  at  a  loss  to  know  what  to  do  in  relation  to 
it.  I  told  him  I  could  not  see  any  grounds  for  hesitation  and  I  hoped 
the  question  would  be  promptly  met.  It  was  important  for  the 
Texian  Government  to  know  and  that  by  an  official  declaration 
whether  the  acts  complained  of  were  sanctioned  by  the  Grovemment 
of  the  United  States  or  not.  My  own  impression  is  that  this  Govern- 
ment will  attempt  to  stave  off  this  matter  at  present  as  [it  did]  the 
outrage  upon  Col  Bourland  and  the  case  of  Dr  Robinsons  negroes.  I 
think  there  is  no  good  reason  for  this  and  unless  I  shall  receive  an 
answer  soon  I  shall  deem  it  my  duty  to  urge  their  consideration  in  the 
most  express  and  decided  tone 

The  question  of  annexation  is  gathering  in  importance  every  day. 
The  papers  are  full  on  the  subject  by  far  the  greater  number  are  in 
favor,  though  some  are  very  hostile  to  the  measure.  The  Opinion 
of  members  of  Congress  friendly  to  it  is  that  if  the  treaty  is  concluded 
it  must  prevail  while  others  opposed  say  it  is  impossible.  The 
President  wiU  not  (as  has  been  expected  here)  allude  to  it  in  his 
message. 

Mr  Fox  the  British  Minister  is  to  be  recalled  Mr  Packenham 
formerly  Minister  at  Mexico  is  to  succeed  him,  this  however  is  yet 
secret  here  generally  but  it  comes  from^  and  I  think  is  true. 

Some  very  belligerent  communications  have  passed  between  Mr 
Upshur  and  Genl  Almonte  in  which  the  latter  threatens  a  declaration 
of  war  in  certain  contingences  which  you  will  understand*  I  speak 
advisedly.  Genl  Almonte  has  not  either  officially  or  otherwise 
visited  the  Secretary  of  State  for  some  considerable  time  past 

On  yesterday  I  was  assured  by  a  leading  member  of  Congress  that 
the  Globe  of  this  city  is  making  ready  to  wield  its  mighty  force  on 
the  side  of  annexation  the  moment  a  treaty  is  concluded.  The 
inteligencer  is  perplexed.  The  Editor  is  opposed  but  some  of  his 
party  are  trying  to  bring  him  over  to  the  measure.  I  fear  it  cant 
be  done  he  may  be  neutralized  perhaps.  I  have  got  some  strong 
Whigs  beseiging  him  who  will  do  all  that  is  possible  for  them.     Mr 

a  Name  Is  omitted.  O  See  NUet*  Register,  LX  V,  26G-268. 


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230  AMERICAN  HISTORICAL  ASSOCIATION. 

Clay  could  eflfect  this  object,  but  I  fear  he  will  be  disposed  to  take 
no  part  If  however  the  treaty  is  concluded  I  have  strong  hopes  it 
will  succeed. 

I  expect  to  send  this  by  a  Gentleman  who  leaves  in  a  day  or  two 
as  bearer  of  dispatches  to  Genl  Murphy. 
With  sentiments  of  high  regard 

I  remain  most  truly  your  friend  and 
Obt  sevt 

I  Van  Zandt 

[Inclosed  is  a  copy  of  Van  Zandt  to  Upshur,  November  10,  1843."] 


Murphy  to  Jones.'* 
Despatch  A. 

Legation  of  the  Unfted  States, 

Galveston,  Texas, 
1st,  December  1843. 
To  the  Honbl. 

Anson  Jones, 

Sect  of  State,  of  the  Reph.  of  Texas. 
Sir, 

The  undersigned,  Charge  d' Affaires  of  the  U.  States,  near  the 
Government  of  the  RepubUc  of  Texas,  has  to  perform  the  painful 
duty  of  communicating  to  you,  the  circumstances  incident,  to  a  most 
unprovoked  murder,  recently  committed  at  the  Pine  Bluffs,  in  Texas, 
of  a  choctaw  warrior,  named  Daniel  Wesley,  by  a  white  man,  named 
George  Albon. 

It  appears,  from  the  evidence,  on  file  in  the  office  of  this  Legation, 
(copies  of  which,  will  be  furnished  to  the  Government  of  Texas,  if 
required)  that  on  the  4th  of  September  last  the  murderer,  George 
Albon,  who  had  been  left  in  charge  of  the  Grocery  of  Messrs  Matthews 
and  Stiles  at  the  Pine  Bluffs,  having  traded  some  whiskey,  or  other 
intoxicating  Liquors  to  the  deceased  and  another  Choctaw  Indian, 
named  *' Charley",  for  a  Buckskin,  upon  which  the  two  Indians 
became  very  much  intoxicated,  shoved  them  boath  out  of  the  Door 
of  the  House,  boath  Indians  falling  prostrate  on  the  groui^d,  out 
side  of  the  Door.  Whereupon,  Albon,  went  out,  and  as  Daniel 
Wesley  was  getting  up,  Albon  struck  him  on  the  side  of  the  head 
with  a  Hoe,  or  some  dangerous  weapon,  fracturing  his  scull,  from 
the  back  part  of  the  Head  to  the  front  Temple,  protruding  one  eye 
nearly  out  of  his  head.  Fracturing  the  Temporal  and  parital  bones 
of  the  left  side  of  the  Head,  the  several  edges  of  the  bones  pressing 
upon  and  lacerating  the  Brain,  of  which,  the  Poor  Indian  died  in  a 
few  hours. 

aSee  Calendar  of  Correspondence  with  the  United  States  in  Part  I.  b  a.  L.  S. 


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COKEESPONDENCE  WITH  THE  UNITED  STATES.  231 

To  you  sir,  or  to  your  Government,  I  need  not  describe  the  deep 
sensation,  the  ardent  desire  of  revenge,  which  this  unhappy  event, 
created  throughout  the  whole  tribe  of  Choctaw  warriors,  and  the 
neighbouring  tribes  of  Indians  affiliated  with  them. 

I  may  say  however;  that  it  required  the  utmost  prudence,  and 
energy  on  the  part  of  the  Civil  and  Military  authorities  of  the  United 
States,  near  the  scene  of  murder,  to  check  the  exasperated  warriors, 
from  seeking  redress  by  the  only  means  they  generally  adopt,  of  an 
indiscriminate  slaughter  of  the  first  victims  that  chanced  to  fall  in 
their  way. 

This  vigelance  and  prompt  action,  of  our  officers,  I  am  happy  to 
say,  was  instantly  put  in  operation,  and  an  effort  to  bring  the  mur- 
derer to  punishment,  with  the  assistance  of  some  of  the  Good  Citizens 
of  Texas,  resulted,  in  an  agreement  with  the  Indians,  that  the  matter 
should  be  promptly  submitted  to  the  authorities  of  the  Grovemment 
of  Texas,  with  the  assurance,  that  your  Government  would  cause 
the  offender  to  be  arrested,  and  brought  to  a  speedy  trial.  And  this 
is  the  object  of  the  communication  now  made  to  you. 

You  are  aware,  that  it  is  at  vast  expense  and  trouble,  the  Grovem- 
ment of  the  United  States,  assiduously  endeavours  to  maintain 
relations  of  peace  and  amity  with  the  Indians  Tribes,  guarding  not 
only  their  own,  but  oftimes  extending  that  guard,  to  the  frontiers 
of  Texas,  and  protecting  as  far  as  they  can,  all  white  Settlements 
along  those  extensive  frontiers  from  the  out  breaks  and  incursions  of 
the  Indians. 

In  the  discharge  of  this  humane  and  necessary  duty,  the  experience 
of  many  years  has  convinced  the  Government  of  the  United  States, 
that  most  of  the  evils  resulting  to  our  western  and  border  setlers, 
from  ^'Indian  outrage",  is  brought  upon  the  white  People,  by  their 
cruel  and  wicked  practice,  of  retailing  Sperituous  Liquors  to  the 
Indians.  And  the  Government  of  the  United  States,  will  use  its 
best  endeavours,  and  beseeches  the  aid  and  assistance  of  the  Gov- 
ernment of  Texas,  in  suppressing  a  traffic,  so  detrimental  to  the  peace 
and  safety  of  the  western  and  border  setlers,  of  both  countries. 

That  the  joint  efforts  of  both  governments,  to  suppress  the  sale  of 
sperituous  Liquors  by  the  citizens  of  either  country,  to  the  Indians, 
will  produce  the  most  beneficial  results,  there  can  be  little  doubt — 
and  their  mutual  efforts,  to  punish  all  crimes  committed  against  the 
Persons,  or  property  of  the  border  tribes,  being  a  christian,  as  well  as 
a  national  duty,  if  persevered  in,  with  good  faith,  will  restore  to  our 
fellow  citizens  a  greater  security,  than  they  have  heretofore  enjoyed. 

That  this  is  a  desideratum  greatly  desired  by  the  Grovemment  of 
Texas,  I  can  have  no  doubt,  and,  that  you  will  take  the  earliest  steps, 
effectually  to  bring  Mr.  Albon  to  punishment,  if  guilty,  I  will  not 
permit  myself  to  question.    Whatever  other,  or  further  information 


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232  AMEBICAK  HISTOBICAL  ASSOCIATION. 

on  this  subject  you  may  require  of  this  Legation,  you  shall  have,  as 
far  as  it  is  in  the  power  of  the  undersigned  to  impart  it. 

With  sentiments  of  the  most  sincere  respect  and  esteem,  I  have 
the  Honor  to  be — Sir, 

Your  Obt  Sevt.  W.  S.  Murphy. 


Jones  to  Van  Zandt. 

Department  op  State 
Washington  [Texas]  Deer,  13th  1843 
Hon  Isaac  Van  Zandt 

Charge  cP  Affaires  of  Texas 
etc  etc  etc 
Sir, 

Your  two  communications  of  the  16th  Oct.  and  4th  Novr  Ulto. 
have  been  recieved  at  this  Department.  The  absence  of  His  Excel- 
lency the  President  from  the  Seat  of  Government  untill  the  time  of 
the  meeting  of  Congress  and  his  various  engagements  since  his  return 
consequent  upon  the  assembling  of  the  Representatives  of  the  people 
have  prevented  an  earUer  reply. 

The  question  of  the  annexation  of  Texas  presented  in  the  note  of 
the  Hon.  A.  P.  Upshur,  Secretary  of  State  of  the  United  States,  has 
engaged  the  most  anxious  attention  of  the  President,  and  1  am  spe- 
cially directed  by  him  to  communicate  to  you  the  following  as  the 
result  of  his  deliberations  on  this  subject,  for  your  governance  in 
making  a  reply  to  the  note  above  refered  to. 

The  interposition  of  foreign  friendly  governments,  by  which  an 
Armistice  has  been  established  between  Texas  and  Mexico,  and  the 
prospect  of  a  permanent  peace  with  that  power  given,  has  been 
extended  by  the  particular  governments,  mostly  influential  in  obtain- 
ing these  most  desireable  results  chiefly  with  a  view  that  in  the  event 
of  Mexico's  agreeing  to  acknowledge  the  independence  of  Texas  she 
should  continue  to  exist,  as  a  separate  and  independent  nation  The 
great  object  and  desire  of  Texas  is  the  establishment  of  a  permanent 
and  satisfactory  peace  with  her  enemy,  and  for  this  purpose  the  good 
offices  of  these  powers  has  been  asked  and  obtained,  and  the  object 
sought  for,  through  their  intervention  appears  now  on  the  eve  of 
being  reaUzed.  This  intervention  and  these  good  offices  have  been 
gratuitously  and  unconditionally  given,  and  although  Texas  is  en- 
tirely free  to  pursue  any  course  she  may  please  in  future,  the  president 
thinks  that  in  the  present  state  of  our  foreign  relations,  it  would  not 
be  politic  to  abandon  the  expectations  which  now  exist  of  a  speedy 
settlement  of  our  difficulties  with  Mexico,  through  the  good  offices  of 
other  powers  for  the  very  uncertain  prospect  of  annexation  to  the 
United  States  however  desirable  that  event,  if  it  could  be  consum- 


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COBEESPONDENCE  WITH  THE  UNITED  STATES.  233 

mated;  might  be.  Were  Texas  to  agree  to  a  treaty  of  aimexation,  the 
good  offices  of  these  powers  would  it  is  believed  be  immediately  with- 
drawn, and  were  the  Treaty  then  to  Fail  of  ratification  by  the  Senate 
of  the  United  States,  Texas  would  be  placed  in  a  much  worse  situation 
than  she  is  at  present,  nor  could  she  again  ask  or  hope  for  any  inter- 
position in  her  behalf,  either  by  England  or  France — and  with  our 
consequent  supposed  dependence  upon  the  United  States  might  again 
return  the  apathy  and  indifference  towards  us  which  has  always  untill 
now  characterized  that  government.  Texas  would  then  be  left,  in 
the  same  situation  she  was  two  years  since  without  a  friend  and  her 
difficulties  with  Mexico  unsettled. 

This  government  is  duly  sensible,  of  the  very  friendly  feeling 
evinced  by  the  President  of  the  United  States  in  the  offer  to  conclude 
a  treaty  for  the  annexation  of  this  country,  but  from  all  the  infor- 
mation which  he  has  been  able  to  obtain  in  relation  to  the  views  and 
feelings  of  the  people  of  the  United  States  he  is  induced  to  believe 
that  its  approval  by  the  other  branches  of  that  government,  would 
be,  if  not  refused,  at  least  of  very  uncertain  attainment.  At  this 
particular  time,  therefore,  and  untill  such  an  expression  of  their  opin- 
ions can  be  obtained  as  would  render  this  measure  certain  of  success 
the  President  deems  it  most  proper  and  most  advantageous  to  the 
interests  of  this  country,  to  decline  the  proposition  for  concluding  a 
treaty.  In  making  a  communication  of  this  determination  to  the 
government  of  the  U  States  it  will  be  proper  to  inform  that  govern- 
ment, that  whenever  the  Congress  or  Senate  of  the  United  States 
shall  throw  wide  open  the  door  to  annexation  by  a  resolution  author- 
izing the  President  of  that  Country  to  propose  a  treaty  for  the  pur- 
pose, the  proposition  will  be  immediately  submitted  to  the  Repre- 
sentatives of  the  people  of  this  country,  and  promptly  responded  to 
on  the  part  of  its  government. 

The  present  determination  of  the  President  on  this  subject,  does  not 
proceed  from  any  change  in  his  views  of  the  general  poUcy  of  the 
measure  but  from  a  change  in  the  relations  of  this  country  with  other 
powers. 

Mem.  consul's  commission  for  Mobile.'* 

The  amendment  made  to  the  Treaty  negotiated  by  Mr.  Riley,  in 
the  Senate  of  the  United  States,  viz.  the  striking  out  the  4th  and  5th 
Articles,  renders  the  Treaty  unacceptable  to  this  government,  conse- 
quently it  will  not  be  ratified  in  that  shape  by  Texas.  It  is  however, 
quite  desireable  that  a  treaty  should  be  established  between  the  two 
countries  as  the  events  of  the  last  year  have  most  abundantly  shown. 
As  it  will  be  impossible  perhaps  to  obtain  for  the  present  a  more 
favorable  arrangement  than  the  one  negotiated  by  Mr.  Riley  you 

•  This  memorandtun  Is  written  on  the  upper  margin  of  the  p&ge  on  which  it  oocors. 


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234  AMERICAN  HISTORICAL  ASSOCIATION. 

will  use  every  proper  eflfort  in  your  power  to  obtain  a  reconsideration 
of  the  vote  of  the  Senate  rejecting  the  4th  and  5th  Articles,  and 
endeavor  to  procure  a  ratification  of  the  treaty,  either  in  the  modified 
form  proposed  by  the  Senate  of  Texas  (which  is  the  more  desirable 
one)  or  this  failing  in  the  form  originally  agreed  upon  between  the 
contracting  parties. 

As  it  is  anticipated  objections  may  still  exist  in  the  minds  of  the 
northern  Senators  particularly,  on  this  subject,  it  may  be  well  to  call 
to  your  assistance  some  individual  from  that  section  of  the  coimtry, 
who  from  his  knowledge  of  the  interests  of  the  people  there  and 
acquaintance  with  the  individuals  in  question,  might  be  able  to 
remove  those  objections  I  know  of  no  person,  in  such  an  event  more 
likely  to  be  serviceable  than  our  present  Consul  for  the  port  of  New 
York.  Should  a  state  of  things  arise  therefore,  in  connexion  with  the 
action  of  the  Senate  upon  this  treaty,  which  would  appear  to  render 
it  desirable,  you  will  request  him  to  visit  Washington  for  the  purpose 
above  refered  to  The  commercial  and  general  intelligence  of  Mr. 
Brower  his  high  standing  and  respectability  as  a  Merchant,  and  his 
intimate  acquaintance  with  all  that  concerns  our  trade  with  the 
United  States,  point  him  out  as  a  most  suitable  person  to  act  with  you 
in  the  attainment  of  this  important  object.  I  have  instituted 
careful  enquiries  in  relation  to  the  conduct  of  our  Consul  at  New  York, 
in  the  affair  complained  of  by  Mr.  F.  Wood  and  am  satisfied  that  the 
conduct  of  that  functionary  in  this  instance,  as  in  every  other  con- 
nected with  the  discharge  of  his  official  duties,  was  justifiable  and 
proper,  and  that  the  charges  brought  against  him  by  Mr.  Wood  were 
both  unfounded  and  malicious.  I  shall  at  an  early  day  and  so  soon 
as  leisure  permits  address  a  communication  directly  to  Mr.  Brower,  on 
this  and  other  subjects  In  the  mean  time,  I  feel  it  my  duty  to  say 
that  the  government  of  Texas  has  never  had  an  officer,  who  has  dis- 
charged his  duties  more  ably,  faithfully  and  satisfactorily  than  Mr. 
Brower. 

You  will  please  conmnmicate  a  copy  of  the  above  to  that  gentleman. 

Your  sending  Mr.  Raymond  as  bearer  of  dispatches  meets  the  appro- 
bation of  the  President.  His  presence  here  at  this  jimcture  of  affairs 
gives  hinri  an  opportunity  of  obtaining  much  valuable  information, 
connected  with  our  public  interests,  which  he  will  comunicate  to  you 
on  his  return.  Tlie  Department  is  satisfied  of  the  very  able  and 
faithful  manner  in  which  he  has  performed  the  duties  of  his  office. 
His  stay  at  the  Court  of  Washington  will  probably  depend  upon  the 
contingency  of  an  appropriation  by  Congress  for  his  salary.  I  refer 
you  to  him  for  much  of  importance  which  it  is  unnecessary  I  should 
write. 

In  relation  to  the  outrage  committed  on  Mr.  Bourland,  I  would 
observe  in  reply  to  the  remarks  in  your  last,  and  in  addition  to  what 
I  have  heretofore  said  that  the  order  for  the  release  of  the  goods  was 


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COBBESPONDENCE  WITH  THE  UNITED  STATES.  235 

only  conditional,  and  as  the  opportunity  was  not  afforded  of  com- 
plying with  those  conditions  by  the  forcible  recapture  of  the  goods,  the 
gdvemment  of  the  United  States  can  have  no  right  to  claim  the  goods 
by  virtue  of  that  order  or  to  refuse  payment  for  them  in  consequence 
of  its  having  been  given.  It  appears  to  me  that  the  participation  of 
the  officer  Col.  Loomis  in  this  affair  is  virtually  admitted  by  the 
United  States  government. 

Enclosed  herewith  I  send  you  the  Commission  of"  Esq.  as  Consul 
for  Mobile  which  together  with  his  Exequatmr  when  obtained  you 
will  please  transmit  to  that  gentleman. 

By  information  recieved  at  various  times  from  Mexico,  this  gov- 
ernment is  advised  that  Gen  Waddy  Thompson  U.  S.  Minister  to  that 
Court,  has  on  different  occasions  made  assertions  of  an  unwarrantable 
nature,  and  derogatory  to  the  character  of  the  President  of  this 
Republic,  charging  upon  him  the  crime  of  having  endeavored  to  pro- 
cure the  destruction  of  the  prisoners  captiu'ed  at  Mier  in  December 
last.  Untill  recently  these  accounts  were  deemed  of  a  character  too 
monstrous  for  belief,  and  although  for  many  months  past,  the 
journals  of  this  country  and  the  United  States  have  reiterated  a 
charge  of  this  kind,  the  President  would  not  have  deemed  the  matter 
of  a  sufficiently  authentic  character  to  demand  a  serious  notice,  had 
not  letters  of  Gen.  Thompson  to  Mr.  Doyle  H.  B.  M.  Charg6  d'  Affaires 
at  Mexico,  recently  published  appeared  to  confirm  the  fact  that  Gen. 
Thompson  had  authorized  such  a  statement. 

The  President  therefore  directs  that  you  will  bring  this  matter 
properly  before  the  Government  of  the  United  States  and  respect- 
fully request  that  they  will  institute  an  enquiry  into  the  matter  with 
a  view  of  rendering  justice,  to  the  President  of  the  Republic  of  Texas, 
(whose  private  character  has  been  most  wrongfully  assailed,)  in 
accordance  with  the  friendly  relations  which  should  exist  between  the 
two  coimtries.  ♦  ♦  ♦  * 
I  have  the  honor 

to  be  with  the  highest  respect 
YourObtSv. 

Signed)  Anson  Jones 


MuBPHY  TO  Jones.* 

Legation  op  the  UNrrED  States, 
Odlveston,  Texas,  24th  Decemh.  1843. 
To  the  Honbl. 

Anson  Jones  Sect  of  State  etc. 
Sm,    I  have  the  honor  to  enclose  to  you,  for  reading  of  his  Excel- 
lency the  President  of  the  Repb.  of  Texas,  The  Message  of  the  Presi- 

a  Here  Is  left  a  blank  for  the  name,  which  was  not  filled. 
^  Hen  la  omitted  a  paragraph  relative  to  Van  Zandt's  salary. 
«  A.  L.  8. 


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236  AMERICAN  HISTORICAL  ASSOCIATION. 

dent  of  the  United  States.**  You  will  certainly  observe,  from  the 
perusal  of  this  great  state  paper,  that  the  Executive  Government  of 
the  United  States,  is  in  earnest,  when  it  gives  assurance  of  its  friend- 
ship and  regard  of  the  RepubUc  of  Texas.  And  I  am  peculiarly 
gratified  and  would  congratulate  you,  and  the  President,  upon  results, 
so  happy,  flowing  from,  apparantly,  discordant,  and  equivocal  causes, 
all  working  together,  however,  for  the  Independence  of  the  Republic 
of  Texas,  and  the  Liberties  of  the  People. 

I  offer  to  you  Sir,  the  assurance  of  ray  high 
respect  and  esteem. 

Your  obt.  Sevt. 

w.  s.  mubphy 

Upsher  to  Van  Zandt.* 


Van  Zandt  to  Jones.'' 

Despatch  No  112 

Legation  op  Texas 
Washington  [City]  Jany  2nd  1844 
Hon  Anson  Jones 

'   etc  etc  etc 
Sir 

Since  the  date  of  my  last  despatch  I  have  repeatedly  urged  upon 
the  Secretary  of  State  of  the  United  States  as  well  as  the  President 
the  necessity  of  giving  to  the  several  complaints  which  we  have  made 
against  this  Government  a  prompt  and  immediate  consideration. 
The  Secretary  of  State  has  at  all  times  manifested  an  ardent  desire 
to  at  once  take  the  necessary  steps  to  accord  to  Texas  a  proper  satis- 
faction. He  has  frequently  stated  to  me  his  concurence  in  the  opinion 
that  the  acts  of  Capt  Cook  were  highly  censureable  and  unjustifiable 
and  of  his  wish  to  disclaim  them  on  the  part  of  his  Government.  The 
difficulty  exists  with  the  President  who  says  that  he  has  not  been 
able  to  satisfy  himself  in  regard  to  this  as  well  as  the  circumstanoes 
in  relation  to  the  outrage  upon  Col  Bourland  and  the  obligation  the 
United  States  is  under  to  surrender  Dr  Robinsons  negroes.  Li  the 
early  part  of  the  last  week  I  called  upon  the  President  and  also  the 
Secretary  of  State  and  stated  to  them  that  a  longer  delay  in  regard 
to  these  several  matters  could  not  fail  to  be  considered  as  evidence  of 
a  disposition  upon  the  part  of  the  Government  of  the  United  States 
to  ward  them  off.  Each  disclaimed  any  such  intention  and  said  I 
should  receive  a  note  explanatory  of  the  causes  of  the  delay.  On  last 
Saturday  I  received  the  note  of  Mr  Upsher  a  copy  of  which  is  herewith 

a  See  Rlchardaon,  Mataget  and  Papers,  IV.  257,  et  »eq. 

h  December  29, 1843.    See  Van  Zandt  to  Jones,  January  2, 1844. 

eA.L.S. 


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COBEESPONDENCE  WITH  THE  UNITED  STATES.  237 

inclosed.  To  me  it  is  far  from  being  satisfactory  and  I  had  designed 
to  have  another  interview  with  that  gentleman  before  I  closed  my 
despatch,  but  when  I  called  at  the  State  Department  on  today  I  learned 
he  was  very  unwell  and  unable  to  attend  to  business.  I  then  saw  the 
President  and  told  him  I  considered  the  note  of  Mr  Upsher  as  calcu- 
lated to  strengthen  the  idea  of  a  wish  on  the  part  of  the  United  States 
Government  to  prolong  their  action  and  treat  the  subject  lightly,  that 
such  an  impression  was  to  be  regreted  that  the  complaints  were  not 
made  as  matters  of  form  but  that  we  must  insist  on  their  being  met 
and  I  hoped  without  unnecessary  delay,  that  six  months  had  near 
elapsed  since  the  principle  act  was  commited  and  thatlmust  be  excused 
for  saying  to  him  I  thought  the  time  sufficient  The  President  replied 
that  he  looked  upon  them  himself  as  important  and  for  that  reason 
he  was  desirous  to  examine  them  fully,  but  that  he  would  again  assure 
me  he  had  not  the  slightest  disposition  to  evade  them  but  felt  a  sincere 
desire  to  do  full  justice  to  Texas  and  that  without  unnecessary  delay. 
Thus  I  have  given  you  the  situation  of  these  several  matters  as  they 
have  progressed  In  regard  to  the  letter  of  Genl  Gains  the  Secretary 
of  War  showed  me  the  orders  of  his  department  to  Genl  Scott  in  rela- 
tion to  it  in  which  he  directs  the  orders  to  be  countermanded  and 
says  that  it  was  not  only  written  without  authority  but  in  violation 
of  the  known  wishes  of  the  War  Department  Genl  Gains  is  here  and 
I  am  told  is  quite  sore  upon  the  subject  I  have  been  introduced  to 
him  and  we  have  had  some  conversation  but  his  letter  was  not  alluded 
to  by  either  of  us. 

I  shall  not  reply  to  Mr  Upshers  note  at  present  but  await  this  and 
the  ensuing  week  and  if  by  that  time  a  further  answer  is  not  received 
from  him  I  shall  answer  his  note  and  reiterate  explicitly  the  demands 
for  reperation  as  contained  in  your  instructions  upon  these  several 
subjects.  After  the  apparant  candid  averments  of  the  President  and 
Secretary  of  State  that  they  have  no  disposition  to  ward  off  these  mat- 
ters it  would  perhaps  be  uncharitable  to  charge  the  contrary  Yet  I 
believe  that  no  harm  will  result  from  addressing  the  Secretary  of  State 
more  energetically  if  they  are  suffered  to  pass  over  until  the  time 
before  alluded  to  In  connexion  with  this  subject  I  saw  stated  in  the 
newspaper  that  Mr  Webster  had  indicated  to  Genl  Almonte  that  by 
the  permission  of  the  Mexican  Government  this  Government  would 
furnish  an  escort  to  the  Santa  F6  traders  beyond  the  boimdary  of  the 
United  States  and  that  Almonte  replied  that  he  had  no  authority  to 
give  the  permission  I  called  upon  the  President  Secretary  of  State 
and  Secretary  of  War  and  asked  the  grounds  for  the  rumor  In  the 
War  Department  I  was  shown  a  statement  of  the  case  which  fully 
sustained  the  publication.  I  then  told  the  President  and  Secretary 
of  State  and  War  that  in  the  name  of  my  Government  I  should  protest 
against  all  such  propositions,  that  Mexico  had  no  power  to  authorise^ 


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238  AMERICAN  HISTORICAL  ASSOCIATION. 

such  a  movement  that  the  territory  over  which  the  route  passed 
belonged  to  Texas  and  that  any  movement  of  the  character  alluded 
to  would  be  held  as  a  violation  of  her  rights  Each  ol  the  Gentlemen 
disclaimed  any  intention  on  the  part  of  the  (Jovemment  of  the  United 
States  to  interfere  with  the  territory  of  Texas  or  the  contest  of  boun- 
dary between  Texas  and  Mexico  I  likewise  had  understood  that  Capt 
Cook  after  the  capture  of  Col  Snivelys  command  had  continued  his 
march  to  Santa  F6.  This  was  denied  by  the  Secretary  of  War  who 
assured  me  that  Capt  Cook  had  been  expresly  ordered  not  to  go  beyond 
the  boundary  of  the  United  States 

I  have  looked  for  some  time  with  great  anxiety  for  the  receipt  of 
your  reply  to  my  communications  upon  the  subject  of  annexation. 
Though  the  measure  has  been  carefully  avoided  in  Congress  by  both 
friends  and  opponents  yet  it  is  decidedly  the  question  of  the  day,  I 
have  said  to  the  President  as  well  as  Mr  Upsher  that  it  matters  not 
what  may  be  the  nature  of  your  reply  I  was  satisfied  that  we  could 
not  accede  to  their  proposition  imtiU  proper  satisfaction  had  been 
accorded  to  us  in  the  several  matters  of  complaint  which  we  have 
made  against  the  Grovemment  of  the  United  States  This  declara- 
tion I  think  will  spur  them  up  and  force  them  to  an  action  they 
might  otherwise  be.  disposed  to  evade. 

The  two  Houses  of  (ingress  are  doing  but  little.  The  discussions 
have  been  principally  upon  points  of  order  and  the  propriety  of 
receiving  aboUtion  petitions  The  latter  being  the  old  hobby  of 
Mr  Adams. 

The  appointments  of  Messrs  Upshur  and  Nelson  were  yesterday 
confirmed  by  the  Senate 

I  have  been  endeavoring  to  urge  upon  members  of  Congress  the 
the  propriety  of  repealing  the  duty  upon  our  cotton  Mr  Slidell  of 
Louisiana  has  introduced  a  bill  for  that  purpose  and  I  have  strong 
hopes  of  its  passage  If  this  can  be  effected  we  will  thereby  secure 
the  principle  advantages  embraced  in  the  late  treaty  without  giving 
the  important  equivalents  therein  conceded.  Mr  Argaiz  the  Spanish 
Minister  yesterday  presented  his  letter  of  recall  and  will  soon  depart 
for  Europe  His  recall  is  on  accoimt  of  the  late  changes  in  the  Gov- 
ernment of  Spain 

Since  the  meeting  of  Congress  I  have  left  Alexandria  and  taken  a 
house  in  this  City  near  the  War  Department  on  Perm  Av 

With  great  regard  Most  Respectfully 
Your  Obt  Sevt 

Isaac  Van  Zandt 

[Inclosed  is  a  copy  of  Upshur  to  Van  Zandt,  December  29,  1843.^] 

a  Here  is  omitted  a  paragraph  relative  to  Van  Zandt's  salary. 

b  See  Calendar  of  Correspondence  with  the  United  States  In  Part  I. 


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c0rbe8p0ndence  with  the  united  states.  239 

Upshur  to  Murphy.* 


Upshur  to  Van  Zandt.* 


Van  Zandt  to  Upshur.*' 


Upshur  to  Van  Zandt. ** 


Van  Zandt  to  Jones.* 

[Despatch  No.  113.] 

Legation  of  Texas 
Washington  [City]  20th.  January  1844 
Hon  Anson  Jones 

Secretary  of  State 
Sir 

Mr.  Raymond  reached  here  on  the  13th.  inst.,  by  whom  I  had  the 
honor  to  receive  your  communication  of  the  13th.  ultimo,  the  con- 
tents of  which  have  engaged  my  most  serious  and  imdivided  attention, 
When  I  had  the  honor  to  enclose  you  the  note  of  the  Hon  A.  P. 
Upshur,  Secretary  of  State,  submitting  the  proposition  for  annexation, 
it  was  impossible  to  speak  with  any  great  degree  of  certainty  of  the 
amount  of  support  which  such  a  treaty,  if  concluded,  would  receive 
in  the  Senate  of  the  United  States.  Since  that  time  the  question  has 
been  discussed  to  some  extent  by  most  of  the  political  presses  of  the 
country.  Congress  has  assembled  and  an  opportunity  has  been 
afforded  to  ascertain  the  individual  views  of  many  Senators.  I  have 
endeavoured  to  avail  myself  of  these  and  every  other  means  in  my 
power,  in  order  to  the  formation  of  a  correct  opinion  as  to  the  probable 
success  of  the  measure  should  it  be  attempted.  Deeply  impressed 
with  the  importance  of  the  suggestions  contained  in  your  dispatch, 
since  its  receipt  I  have  attempted,  with  the  aid  of  several  distin- 
guished gentlemen  in  and  out  of  Congress  to  reinvestigate  and  review 
the  whole  case  as  it  is  presented  here.  The  result  of  these  investiga- 
tions has  determined  [me]  to  withhold,  until  I  can  communicate  with 
your  department  again,  the  reply  indicated  in  your  communication 
declining  the  proposition  of  the  Government  of  the  United  States. 
In  doing  this  I  feel  assured  that  the  great  interests  of  the  coimtry, 

a  January  16, 1844.  See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

b  Janoary  16, 1844.  See  Van  Zandt  to  Jones,  January  20, 1844. 

e  January  17, 1844.  See  Van  Zandt  and  Henderson  to  Jones,  April  13, 1844. 

d  January  19, 1844.  See  Calendar  of  Correspondence  with  the  United  States-ln  Part  I. 

«L.S. 


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240  AMERICAN  HISTORICAL  ASSOCIATION. 

as  well  as  the  views  and  wishes  of  the  President  and  people  of  Texas 
will  be  best  promoted  and  subserved;  confidently  relying  at  the  same 
time  that  my  course  in  this  instance  will  find  a  justification  in  your 
enlightened  judgment. 

The  President  of  the  United  States,  believing  that  the  annexation 
of  a  foreign  state  or  territory  to  this  Union  should  most  properly  be 
done  by  treaty,  precedents  having  already  been  established  in  the 
cases  of  the  acquisition  of  Louisiana  and  Florida,  and  a  proposition 
to  that  effect  having  already  been  submitted  by  his  direction,  con- 
sidered it  not  only  useless  but  improper  to  recommend  to  Congress 
any  action  at  present  in  regard  to  it.  The  fact  that  the  proposition 
has  been  made  has  likewise  been  communicated  by  the  Secretary  of 
State  to  many  of  the  leading  members  of  both  Houses,  which,  in  con- 
nection with  the  universally  conceded  opinion  that  the  measure 
should  be  presented  in  the  form  of  a  treaty,  has  prevented  any  action 
whatever  in  either  branch  of  Congress  on  the  subject.  A  resolution, 
authorizing  the  President  to  enter  upon  any  negociation  whatever, 
has  never  been  attempted,  unless  in  such  cases  where  he  had  declined 
or  neglected  to  act.  To  instruct  him  to  do  that  which  he  had  already 
done  would  not  only  be  useless  but  imcalled  for.  Such  are  the  opin- 
ions of  every  prominent  member  of  either  House  with  whom  I  have 
conversed,  as  well  as  other  distinguished  gentlemen  out  of  Congress 
who  are  advocates  of  annexation,  amongst  whom  I  "will  name  Mr. 
Justice  Catron  of  the  Supreme  Court,  whose  opinions  I  have  no  doubt 
will  be  appreciated  by  His  Excellency  the  President.  From  these 
facts  and  opinions  I  am  satisfied  that  if  annexation  be  ever  attempted, 
it  must  be  first  by  a  treaty. 

I  proceed  now  to  state  some  of  the  evidences  which  impress  me 
with  the  conviction  that  if  a  treaty  is  concluded,  it  will  be  ratified. 
Mr.  Tyler  having  withdrawn  from  the  contest  for  Presidency  the  ques- 
tion neither  is,  nor  will  be  considered  in  reference  to  him,  but  being 
supported  by  both  whigs  and  democrats  will  not  be  determined  as  a 
party  measure,  but  as  a  great  national  one,  alike  interesting  to  the 
whole  Union.  The  impressions,  which  exist  here  in  regard  to  the 
State  of  Affairs,  have  induced  the  opinion  that  Texas  must  either 
be  annexed  to  this  Union,  or  become  in  some  form  or  other  a  depend- 
ency of  Great  Britain.  This  view  of  the  case  has  had  an  important 
influence  upon  many  of  the  Senators  of  the  non-slaveholding  states. 
Were  the  question  deprived  of  this  feature  I  should  dispair  of  its 
success.  It  is  believed  that  any  undue  influence,  obtained  by  Great 
Britain  whether  in  a  commercial  or  other  point  of  view,  in  Texas, 
must  sooner  or  later  prove  dangerous  to  the  institutions  and  pros- 
perity of  this  country  and  therefore  ought  to  be  resisted.  I  deem 
it  unnecessary  to  capitulate  the  many  reasons  that  have  been  urged 
here  to  show  that  this  would  be  the  effect.    This  subject  I  believe 


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CORBESPONDENCE  WITH  THE  UNITED  STATES.  241 

is  well  understood  and  fully  comprehended  by  both  northern  and 
southern  men.  It  is  also  believed  that  Oreat  Britain  is  now  using 
every  means  to  accomplish  these  purposes,  and  that  the  only  security 
against  her  insidious  poUcy  is  through  annexation. 

In  looking  to  the  Senate  to  see  who  can  be  relied  upon  to  sustain 
the  measure,  from  all  the  information  which  I  have  derived,  I  give 
the  following  as  my  decided  opinion.  There  is  but  Uttle  doubt  in 
the  minds  of  many  that  Mr.  Clay  will  be  elected  to  the  Presidency. 
Some  of  his  particular  friends,  viz.  the  Senators  from  Kentucky, 
together  with  Messrs  Archer  and  Mangum,  in  prospect  of  that  event 
prefer  the  measure  postponed  in  order  that  Afr.  Clay  may  have  the 
credit  of  eflfecting  it,  but  at  the  same  time,  if  the  treaty  be  now  made, 
will  support  it  beyond  doubt.  Premising  this  I  feel  confident  that 
we  may  rely  upon  the  entire  vote  of  the  south  and  west,  regardless 
of  party,  while  at  the  north  we  may  calculate  on  the  whole  demo- 
cratic vote,  and  many  say  Mr.  Tallmadge  of  the  Whig  party,  though 
the  latter  may  be  considered  doubtful.  If  I  am  correct  then  in  my 
opinions  a  treaty  might  be  submitted  with  a  confident  prospect  of 
its  ratification.  Believing  then  that  a  treaty  is  the  proper  mode, 
that  public  sentiment  is  ready  for  action,  that  the  feelings  already 
arroused  should  not  be  suffered  to  waste  themselves  on  uncertain 
or  coUatteral  issues,  and  that  by  delay  we  should  hazard  the  accom- 
plishment of  this  great  measure,  I  deem  it  my  duty  to  resubmit  the 
matter  to  your  department  for  the  determination  of  the  President. 

Should  any  other  legislative  action  be  attempted,  one  of  the 
greatest  arguments  which  would  be  relied  on  by  the  opponents  of 
the  measure  would  be  that  the  Gk) vemment  of  Texas  has  not  evinced  a 
willingness  to  be  annexed,  and  that  any  movement  of  Congress  would 
be  improper  xmtil  this  fact  is  known.  Under  my  present  instructions 
I  could  give  no  assurance  that  the  Government  of  Texas  would  agree 
to  annexation,  even  were  a  law  passed  to  that  effect.  A  vote  upon 
a  resolution  of  this  character*  would  not  be  a  fair  test,  for  all  those 
who  would  vote  for  a  treaty  were  it  presented  but  desired  to  delay 
the  measiu'e,  would  vote  against  siich  a  resolution. 

The  question  presents  itself  in  another  point  of  view,  suppose  that 
the.  treaty  if  made  should  fail,  yet  the  terms  on  which  Texas  is 
willing  to  be  admitted  having  already  been  agreed  upon,  the  data 
would  thereby  be  given  upon  which  to  frame  a  bill.  Such  a  bill, 
incorporating  the  provissions  of  the  treaty  for  the  admission  of  Texas 
into  the  Union,  it  is  the  opinion  of  many  members,  may  be  consti- 
tutionally passed  into  a  law  by  a  simple  majority  of  both  Houses  of 
Congress,  but  without  a  basis  previously  agreed  upon  it  would  be 
imp>ossible  to  take  any  action.    If  this  view  of  the  constitutional 

a  I.  e.,  a  resolutloii  intended  to  effect  annexation, 
39728°— VOL  2,  PT  1—11 W 


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242     .  AMERICAN  HISTORICAL  ASSOCIATION. 

question  be  correct  the  success  of  the  measure  would  be  placed 
beyond  the  shadow  of  a  doubt. 

I  respectfully  submit  it  as  my  settled  conviction  that  Mexico  does 
not  now  contemplate  the  free  acknowledgment  of  the  independence 
of  Texas,  nor  will  she  grant  it  at  this  time,  without  such  concessions 
as  Texas  will  not  make.  England  would  doubtless  oppose  annexa- 
tion, but  on  the  other  hand  she  will  never  force  or  compel  Mexico  to 
acknowledge  our  independence  without  some  boon  from  Texas,  which 
cannot  be  granted.  It  is  a  well  ascertained  fact  in  my  mind  that  the 
present  armistice  does  not  proceed  from  any  disposition  on  the  part 
of  Mexico  to  agree  to  the  independence  of  Texas. 

If  in  resorting  to  annexation,  Great  Britain  desert  us  during  its 
pendency,  the  fact  of  concluding  the  treaty  will  organize  a  party  in 
this  coxmtry  that  will  neither  permit  us  to  be  attacked  nor  cease  its 
powerful  support  until  annexation  shall  be  effected. 

I  am  authorized  by  the  Secretary  of  State,  who  speaks  by  the 
authority  of  the  President  of  the  United  States,  to  say  to  you  that 
the  moment  a  treaty  of  annexation  shall  be  signed  a  large  naval 
force  will  be  assembled  in  the  Gulf  of  Mexico,  upon  the  coast  of 
Texas,  and  that  a  sufficient  number  of  the  Military  force  will  be 
ordered  to  rendezvous  upon  the  borders  of  Texas,  ready  to  act  as 
circumstances  may  require;  and  that  these  assurances  will  be  officially 
given  preliminary  to  the  signing  of  the  treaty,  if  desired  by  the 
Government  of  Texas;  and  that  this  Government  will  say  to  Mexico 
that  she  must  in  no  wise  disturb  or  molest  Texas. 

Believing  that  in  the  decission  of  this  question  the  destinies  of 
our  land  are  suspended,.  I  should  be  recreant  to  my  duty  did  I  not 
again  present  to  you  these  facts  and  reflections  that  they  may  be 
submitted  to  the  President,  who  under  the  guidance  of  Him,  who 
directs  the  destinies  of  mankind,  I  trust  will  decide  upon  them 
in  such  manner  as  shall  receive  the  welfare  of  our  common  country. 

That  portion  of  your  communication  respecting  the  imprecedented 
and  remarkable  conduct  of  Genl.  Waddy  Thompson  towards  the 
President  I  have  verbally  communicated  both  to  the  President  of 
the  United  States  and  Secretary  of  State,  and  had  intended  to 
make  a  communication  on  the  subject  to  the  State  Department, 
but  on  further  reflection  I  am  not  satisfied  in  my  own  mind  whether 
imder  the  circumstances  it  would  be  best  to  do  so.  The  President 
and  Secretary  of  State  both  informed  me  that  General  Thompson 
had  resigned  and  his  resignation  been  accepted,  and  that  he  is 
looked  for  here  in  a  few  days.  I  will  continue  to  think  of  the  matter 
and  take  any  steps  which  may  seem  proper  and  necessary.  In  the 
mean  time  if  it  is  desired  by  His  Excellency  the  President  that  I 
shall  make  the  communication  before  indicated,  you  will  write  me, 
and  your  instructions  shall  be  immediately  complyed  with. 

The  treaty  concluded  by  Mr.  Reily  has  not  been  taken  up  with 
a  view  to  a  reconsideration  of  the  amendments,  nor  do  I  believe  it 


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CX)RBESPONDENCE   WITH  THE  UNITED  STATES.  243 

will  be  possible  to  pass  it  in  the  original  form  at  present,  although 
I  have  reason  to  believe  that  the  vote  would  be  stronger  for  it  than 
at  the  last  session.  One  of  the  most  formidable  objections  urged 
against  its  ratification  was,  that  owing  to  our  internal  difficulties 
and  the  dangers  which  attended  us  from  without,  the  belief  of  the 
possibiUty  that  Texas  might  become  subject  to  some  other  foreign 
power  was  induced,  and  that  if  the  navigation  of  the  Red  River 
and  the  Mississippi  was  conceded  the  benefits  might  enure  to  others 
through  Texas.  Though  proceeding  from  a  different  state  of  [the] 
case  the  objection  still  exists  in  as  strong  form  as  at  the  last  session. 
It  \s  alleged,  as  stated  in  a  former  part  of  this  dispatch,  and  many 
believe  it  true,  that  England  is  about  to  obtain  an  undue  influence 
in  Texas,  and  these  privileges  of  navigation  if  granted  to  Texas 
might  be  made  the  source  of  annoyance  to  the  United  States.  That 
portion  of  the  Southern  Senators  who  opposed  the  treaty  I  think 
might  now  go  for  it  if  an  action  was  taken,  but  yet  these  same  gentle- 
men are  averse  to  moving  in  the  matter  so  long  as  there  is  a  prospect 
of  annexation.  Place  these  two  measures  before  the  senate  when 
you  will  and  annexation  will  receive  the  greater  number  of  votes. 

Mr.  SUdell  of  Louisiana  has  introduced  a  bill  to  admit  our  cotton 
free  of  duty,  and  I  have  strong  hopes  of  its  passage.  The  only 
reason  that  will  operate  with  much  force  to  defeat  it,  is,  that  it  is  a 
part  of  the  general 'tariff  act,  which  many  are  opposed  to  disturbing. 
Mr.  Archer  told  me  last  night  in  a  long  conversation  I  had  with  him, 
that  the  bill  if  it  could  pass  the  House,  would  pass  the  Senate  without 
difficulty. 

For  the  present  I  do  not  think  it  necessary  to  require  the  services 
of  Mr.  Brower,  when  I  have  received  your  answer  or  even  before 
if  it  appear  important  I  will  inform  him  of  the  fact. 

I  have  the  honor  to  enclose  you  herewith  a  copy  of  a  communication 
from  Mr.  Upshur,  Secretary  of  State,  upon  the  subject  of  the  dis- 
arming of  Major  Snively.  I  have  not  had  time  to  reply  to  it.  I  will 
do  so  as  early  as  possible  and  notice  the  other  causes  of  complaint 
in  a  more  specific  manner. 

Knowing  that  the  Archives  of  the  Government  are  at  Austin  I 
have  sent  you  a  copy  of  the  former  instructions  on  the  subject  of 
annexation,  so  that  if  the  President  should  think  proper  to  make 
the  treaty  they  may  facilitate  in  drawing  any  new  instructions  for 
the  governance  of  your  Represei^tative  here. 

I  have  informed  the  Secretary  of  State  verbally  of  the  views  of 
the  President  as  to  the  formation  of  a  treaty  of  annexation  as  indicated 
in  your  dispatch. 

With  sentiments  of  high  regard  I  have  the  honor  to  be  most 

respectfully 

YourObdt.Servt 

Isaac  Van  Zandt. 


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244  american  historical  association. 

Upshub  to  Van  Zandt. 

Sm, — ^When  I  had  the  honor  to  address  you  on  the  29th.  ult  relative 
to  the  outrage  alledged  by  you  to  have  been  conunitted  by  Captain 
Cooke  of  the  army  of  the  United  States  in  disarming  a  Texan  force 
under  the  command  of  Colonel  Snively,  I  could  do  no  more  than 
give  you  a  general  assurance  of  the  regret  felt  by  the  President  that 
any  cause  of  complaint  should  exist  on  the  part  of  Texas  against  this 
(Jovemment,  and  of  the  readiness  of  this  Government  to  repair  any 
wrong  done  by  its  forces  to  the  dignity  of  Texas  or  the  rights  of  her 
people.  The  pressure  of  other  duties,  particularly  since  the  session 
of  Congress,  has  rendered  it  impossible  to  give  to  your  letter  upon 
this  subject  the  attention  which  it  would  otherwise  have  received. 
I  have  now  the  honor  to  communicate  the  views  at  present  enter- 
tained by  this  (Jovemment,  and  to  invite  from  you  any  further  sug- 
gestions which  you  may  think  necessary  to  elucidate  the  subject. 

From  the  statements  made  to  this  Government,  the  following 
appear  to  be  the  facte  of  the  case.  On  the  15th.  of  March,  last,  an 
application  was  made  by  several  American  citizens  to  the  Depart- 
ment of  War  for  an  escort  from  Missouri  to  Santa  Fe  in  Mexico.  On 
the  17th.  of  the  same  month  General  Almonte,  the  Mexican  Minister, 
addressed  a  note  to  the  Secretary  of  State,  desiring  a  similar  escort 
for  certain  Mexican  merchants  then  in  Missouri,  wBo  desired  to  trans- 
port a  large  amount  of  goods  which  they  had  purchased,  to  Santa  Fe. 
On  the  28th.  of  that  month,  directions  were  issued  to  the  War  Depart- 
ment to  have  the  escort  organized  for  the  purpose  of  protecting  such 
of  the  citizens  of  the  Republic  of  Mexico  and  of  the  United  States  as 
should  be  desirous  of  availing  themselves  of  the  same.  The  escort 
was  to  proceed  as  far  as  the  territory  of  the  United  States  extended 
on  the  route  to  Santa  Fe.  Some  subsequent  correspondence  took 
place,  but  it  did  not  alter  the  purposes  of  the  escort  or  the  extent  to 
which  it  was  to  proceed. 

Captain  Cooke  of  the  Dragoons  was  detailed  for  this  duty  and  a 
force  of  about  one  hundred  and  ninety  men  was  placed  imder  his 
command  to  carry  out  the  orders  of  the  Department.  They  rendez- 
voused at  Council  Grove,  Neosho  River  on  the  3rd.  of  Jime,  and  pro- 
ceeded on  their  route  with  the  Caravan  of  traders. 

On  the  22nd.  of  Jime,  Captain  Cooke  states,  that  when  at  Walnut 
Creek,  he  received  intelligence  th^t  Colonel  Snively,  having  about 
one  hundred  and  eighty  Texians  imder  his  command,  had  avowed  his 
intention  to  attack  the  caravan  wherever  he  could  find  it  unprotected, 
and  had  also  made  many  threats  against  the  American  portion  of  it, 
and  that  three  of  their  spies  had  been  reconnoitering  in  the  territory 
of  the  United  States,  and  had  returned  on  seeing  his  command.  He 
however  proceeded  with  the  escort  and  caravan  in  the  direction  of  a 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  245 

crossing,  and  on  the  30th.  of  June  he  saw  three  horsemen  about  a 
mile  in  advance,  whom  he  supposed  to  be  those  spies,  and  in  pursuing 
them,  came  in  sight  of  the  Arkansas  river,  on  the  opposite  side  of 
which,  he  saw  in  a  large  grove,  a  force  of  men  and  horses.  They 
hung  out  a  white  flag,  and  he  sent  a  subaltern  with  a  trumpeter  and 
flag  to  ford  the  river  to  their  camp.  He  directed  him  to  demand  of 
the  commander  who  they  were  and  what  they  did  there,  and  to  give 
such  commander  or  another  safe  conduct  over  to  him  and  back.  On 
his  return.  Colonel  Snively  and  another  officer,  his  aid,  accompanied 
him,  when  Captain  Cooke  informed  him  that  his  people  were  in  the 
United  States,  and  desired  to  know  who  they  were,  and  if  he  had  a 
commission  ?  to  which  Col.  Snively  repUed  that  he  had  a  Texan  vol- 
unteer force  of  107  men,  75  having  lately  returned  to  Texas,  that  he 
beUeved  he  was  on  the  territory  of  that  EepubUc  and  that  he  had  a 
commission  which  he  exhibited,  and  a  copy  of  which  accompanies 
Captain  Cooke's  communication. 

That  document  is  not  in  the  form  of  a  commission,  but  of  an  order 
signed  by  the  Acting  Secretary  of  War  and  Marine,  and  authorized 
the  raising  of  a  partisan  force  without  expense  to  the  (Jovemment; 
the  object  of  which  was  to  retaliate  and  make  reclamation  for  injuries 
sustained  by  Texian  citizens,  and  declaring  that  the  merchandize  and 
all  other  property  of  all  Mexican  citizens  would  be  lawful  prize.  Such 
as  might  be  captured,  to  be  brought  into  Red  River,  one  half  of  it  to 
be  deposited  in  the  Custom  House  of  that  District,  subject  to  the 
order  of  the  Government,  the  other  half  to  belong  to  the  captors,  and 
be  equally  divided  between  the  officers  and  men.  The  force  was  to 
operate  in  any  portion  of  the  territory  of  Texas  above  the  line  of 
settlements  and  between  the  Rio  del  Norte  and  the  boundary  line  of 
the  United  States,  but  would  be  careful  not  to  infringe  upon  the  ter- 
ritory of  that  Government.  Captain  Cooke  about  this  time  observed 
some  twelve  or  fifteen  men  crossing  from  the  north  to  the  south  side 
and  proceeding  to  the  Texian  Camp.  The  land  on  the  north  side  of 
the  Arkansas  River  was  confessedly  in  the  territory  of  the  United 
States.  Captain  Cooke  states  that  he  believed  the  ground  on  which 
the  Texians  were  encamped  was  within  the  territory  of  the  United 
States  also;  that  the  line,  it  is  true,  had  not  been  run  from  Red 
River  to  the  Arkansas,  but  that  it  was  understood  by  all  to  strike 
the  latter  river  at  least  fifteen  miles  above  the  point  where  they  were, 
while  some  believed  the  line  to  be  as  high  up  as  Chouteau  Island, 
sixty  or  seventy  miles  above  the  Caches,*  or  seventy  five  or  eighty 
miles  above  the  Texian  Camp.  That  he  then  disarmed  the  force, 
offering  such  as  chose  to  go  to  the  State  of  Missouri,  an  escort  to 
Independence  in  that  State,  of  which  offer  about  fifty  availed  them- 

a  See  Gregg,  Ommeree  of  the  Prairies  (ed.  1844),  map  f  adiig  p.  17. 


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246  AMERICAN  HISTORICAL  ASSOCIATION. 

selves;  the  residue  prefering  to  return  to  Texas  were  furnished  with 
ten  rifles  and  with  provissions,  of  which  they  said  they  stood  very 
much  in  need. 

Captain  Cooke  justifies  his  conduct,  on  the  grounds  that  he  found 
this  force  within  the  territory  of  the  United  States,  engaged  in  the 
attempt  to  interrupt  the  lawful  trade  between  the  United  States  and 
Mexico,  and  that  he  had  the  right  to  disarm,  so  as  to  take  from  them 
the  power  of  molesting  our  own  citizens  and  those  of  Mexico  engaged 
in  that  trade;  that  he  used  no  harshness,  nor  more  force  than  was 
necessary  to  accomplish  the  object. 

Colonel  Snively  on  the  other  hand  alleges  that  he  was  on  theTexian 
territory;  that  he  was  not  fairly  dealt  with,  and  that  he  was  deceived 
under  a  flag  of  truce  to  place  himself  in  Captain  Cooke's  power; 
that  being  disarmed,  he  was  exposed  to  danger  and  to  the  actual  loss 
of  some  of  his  men  in  passing  through  the  hostile  bands  of  Indians 
on  his  return  to  Texas,  in  consequence  of  the  want  of  those  arms. 
It  further  appears  from  the  diary  of  Captain  Cooke,  that  the  transac- 
tion took  place  in  the  94th  degree  of  west  longitude,  as  ascertained 
by  actual  observations,  on  which  he  rehes. 

If  the  facts  be  as  here  stated,  the  conduct  of  Captain  Cooke, 
although  it  may  not  have  been  proper  or  justifiable,  was  not  such  as 
to  merit  the  severe  reprobation  which  it  has  received.  There  is 
every  reason  to  believe  that  the  force  of  Colonel  Snively  was  actually 
within  the  territory  of  the  United  States.  It  was  the  duty  of  Cap- 
tain Cooke  to  protect  the  traders,  both  Mexican  and  American, 
throughout  the  whole  extent  of  our  territory.  The  least  that  can 
be  said  of  it  is,  that  there  was  no  proof,  and  no  strong  reason  to 
believe  that  the  place  was  within  the  territory  of  Texas.  So  long  as 
the  territorial  jurisdiction  was  doubtful,  both  parties  had  an  equal 
right  to  be  there;  and  although  the  imcertainty  of  the  jurisdiction 
might  have  justified  the  Texan  forces  in  attacking  an  enemy's  force 
foimd  there,  the  same  consideration  made  it  the  duty  of  Captain 
Cooke  to  extend  his  protection  to  the  caravan  committed  to  his 
charge.  Each  party  acted  upon  its  own  responsibihty  and  was 
bound  for  all  consequences.  So  far,  therefore,  as  the  mere  question 
of  territori&l  jurisdiction  is  concerned,  neither  party  can  have  any 
assured  groimd  of  complaint,  until  the  fact  shall  be  ascertained. 
In  the  mean  time  it  would  seem  to  be  enough  that  each  Government 
should  disclaim  any  intention  to  violate  the  territory  of  the  other; 
and  that  disclaimer  I  now  make,  in  the  fullest  manner,  on  the  part 
of  this  Grovemment. 

The  only  question,  then,  which  can  now  be  decided,  respects  the 
manner  [in]  which  Captain  Cooke  discharged  the  duty  of  protecting 
the  caravan  of  traders.  In  disarming  the  force  of  Colonel  Snively, 
he  acted  without  specific  instructions  from  this  Grovemment,  nor  had 


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COftHESPONDEKCfi  WITH  O^HE  UNITED  BTATfiS.  247 

he,  any  instructions  which  would  authorize  him  to  violate  any  right 
of  Texas  or  of  her  people.  Neither  will  he  be  held  justified  in  exe- 
cuting a  lawful  authority  in  a  harsh  or  unbecoming  manner.  I  am 
directed  to  give  this  assurance  to  you  and  through  you  to  the  gov- 
enmient  of  Texas,  in  the  most  explicit  terms.  It  may  turn  out, 
that  Captain  Cooke  has  exceeded  his  authority,  in  offering  any 
hindrance  whatever  to  the  forces  of  Colonel  Snively,  or  that  in  the 
exercise  of  a  legitimate  authority,  he  has  gone  beyond  the  necessity 
of  the  case.  So  far  as  the  disarming  of  Colonel  Snively's  force  is 
concerned,  the  probability  is  that  it  will  be  so  found.  But  in  the 
present  uncertain  state  of  the  facts,  it  seems  to  the  President  that 
the  Grovemment  of  Texas  can  require  nothing  more  than  the  imme- 
diate institution  of  the  requisite  inquiry  with  a  view  to  ascertain  the 
exact  state  of  the  case.  Directions  have  accordingly  been  given  to 
the  Secretary  of  War  to  order  forthwith  a  Court  of  Inquiry  upon 
Captain  Cooke,  and  to  give  to  the  inquiry  as  ample  a  range  as  pos- 
siblef  The  arms  taken  from  the  Texan  troops  will  be  restored  or 
compensation  made  for  them.  And  such  further  steps  will  be  taken, 
upon  the  report  of  the  Court  of  Inquiry  as  may  seem  to  be  necessary, 
in  order  to  render  full  justice  to  Texas  and  her  people. 

In  regard  to  the  letter  of  Brevet  Major  General  Gaines  to  Brevet- 
Brigadier  General  Taylor,  of  which  you  complain,  I  have  to  say  that 
it  is  not  of  an  official  character  and  has  not  been  communicated  to 
any  department  of  this  Government,  by  the  writer  of  it.  I  desire 
to  assure  you,  however,  that  this  government  does  not  claim  the 
right  to  operate  beyond  its  own  limits  in  time  of  peace;  nor  to  vio- 
late the  territory  of  any  other  power,  by  marching  an  armed  force 
into  it.  Hence  it  has  no  difficulty  in  disclaiming  the  doctrine  on 
that  subject  attributed  to  General  Gaines. 

.  In  conclusion,  Sir,  I  beg  leave  to  repeat  to  you  the  assurances 
heretofore  given,  that  this  government  never  meditated  and  will 
not  sanction,  any  indignity  towards  the  government  of  Texas,  nor 
any  wrong  towards  her  people;  and  will  readily  and  with  pleasure 
repair  any  injury  of  either  kind,  which  may  be  made  to  appear. 
Whatever  backwardness  may  seem  to  have  been  shown,  in  attend- 
ing to  the  complaints  of  Texas  is  to  be  attributed  to  the  extreme 
pressure  of  the  indispensable  calls  of  duty,  and  not  to  any  disinclina- 
tion to  render  proj>er  respect  to  the  claims  of  that  government. 

I  avail  myself  of  this  occasion,  Sir,  to  offer  you  renewed  assurances 
of  my  high  consideration 

(Signed)  A.  P.  Upshub 

To  The  Honorable  Isaac  Van  Zandt 

etc,  etc,  etc. 
Department  of  State, 

Washington,  16ih,  January  1844. 


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248  AMERICAN  HISTORICAL  ASSOCIATION. 

Jones  to  Van  Zandt. 

Department  of  State, 
Washington  [Texas],  Jan.  S7ih  ISU- 
Hon.  Isaac  Van  Zandt, 

Charge  d' Affaires  of  Texas, 

etc.  etc.  etc. 
Sm, 

I  have  the  honor  to  acknowledge  the  receipt  of  your  dispatch.  No. 
112,  under  date  of  the  2d.  Inst.,  which  is  the  only  one  received  from 
you,  at  this  Department,  since  the  departure  from  here  of  Mr.  Ray- 
mond. 

It  is  not  the  desire  of  this  Government  that  the  claim  for  the  two 
negroes  of  Mr.  Robertson  should  be  any  further  pressed  by  you,  at 
present.  The  propriety  of  our  right  to  demand  the  restoration  of 
them  by  the  Government  of  the  U.  States  is  at  least  questionable  and 
until  the  owner  of  the  Slaves  shall  have  produced  satisfactory  evi- 
dence, in  support  of  his  claim,  the  further  treatment  of  that  subject 
may  be  discontinued.  The  complaints,  however,  in  the  cases  of 
Mr.  Bourland  and  Col.  Snively  are  of  a  grave  and  important  character, 
and  it  is  conj&dently  hoped  the  Government  of  the  United  States  will 
award  prompt  satisfaction  and  reparation  for  these  outrages,  com- 
mitted, either  by  or  xmder  the  sanction  of  its  own  officers.  The  set- 
tlement of  these  difficulties  would,  it  is  believed,  have  a  tendency  to 
promote  the  continuance  of  friendly  relations,  as  well  as  to  ensure  suc- 
cess to  any  negotiations  which  may  be  imdertaken  between  the  two 
countries. 

Should  you  be  satisfied  that  the  door  wiU  be  opened  by  the  Con- 
gress of  the  United  States,  for  the  Annexation  of  Texas  to  that  coun- 
try in  the  maimer  referred  to,  in  my  communication  of  the  13th. 
Ulto.  or  in  any  manner,  which  may  seem  to  ensure  certain  success  to 
the  measure,  you  will  in  that  case  proceed,  immediately,  to  open  the 
negotiation  of  a  treaty  for  the  same.  The  instructions  referred  to 
you  wiU  therefore  consider  as  revoked  as  well  as  the  instructions  on 
the  same  subject  of  the  6th  July  last.  The  principal  points  for  dis- 
cussion will  be  the  poUtical  character  in  which  she  shall  be  admitted, 
the  liquidation  of  her  pubUc  debt,  and  the  disposition  to  be  made  of 
the  public  domain.  In  reference  to  the  first  of  these,  you  wiU  require, 
that  on  her  admission  into  the  Union  a  census  of  her  population  shall 
be  immediately  taken  by  the  government  of  the  United  States,  and  in 
the  event  her  niunbers  should  be  sufficient  to  entitle  her,  agreeably 
to  existing  laws  in  that  coimtry,  to  a  representation  in  the  general 
Congress  She  shall  in  that  event  become,  at  once,  entitled  to  existence 
as  a  free  and  sovreign  State  of  the  United  States,  with  all  the  rights, 
belonging  to  the  other  members  of  that  confederax^y,  and  a  guarantee 


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COBBESPONDENCE  WITH  THE  UNITED  STATES.  249 

for  the  enjoyment  of  all  her  domestic  institutions.  Otherwise  she 
shall  be  admitted  as  a  territory  with  similar  guarantees  and  provisions 
for  a  state  government,  when  she  shall  have  the  requisite  population 

In  relation  to  the  public  debt  of  Texas,  amoimting,  as  it  is  supposed, 
to  some  twenty  Millions  of  Dollars,  including  the  unaudited  claims  of 
our  citizens  for  services  rendered,  property  furnished,  and  injuries 
sustained,  during  the  war  of  the  revolution,  and  for  which  this  Gov- 
ernment is  properly  boimd  to  her  citizens  you  will  require  that  the 
same  shall  be  assumed  by  the  government  of  the  United  States,  to  be 
repaid  to  the  creditors,  within  some  fixed  period,  with  interest  not 
less  than  five  per  cent,  or  from  time  to  time,  so  soon  as  the  public  lands 
of  the  Republic  may  be  made  available.  It  will  also  be  necessary  to 
require  that  in  the  event  Texas  shall  be  called  upon  to  pay  any  por- 
tion of  the  public  debt  of  Mexico,  the  responsibility  of  such  payment 
shall  rest  upon  the  United  States. 

In  relation  to  the  public  domain  of  Texas,  you  will  require  that  all 
claims  to  lands,  in  Texas,  held  by  individuals  or  companies,  for  their 
own  use  and  benefit,  or  for  colonization  shall  be  adjudicated  and  set- 
tled in  the  speediest  manner  possible,  and  those  having  legal  and  valid 
ones  shall  be  entitled  to  receive  patents  to  their  quotas  of  land,  and 
that  all  private  rights  to  real  estate,  or  otherwise,  as  they  exist  at  the 
time  of  the  admission  of  the  Republic  into  the  American  Union,  shall 
be,  and  remain  inviolate.  After  the  satisfaction  of  all  just  claims, 
the  balance  remaining  of  the  public  domain  shall  become  the  property 
of  the  United  States. 

There  are  a  great  many  points,  of  minor  importance,  which  it  would 
be  necessary  to  provide  for  in  a  treaty  of  Annexation.  In  relation 
to  these,  instructions  will  be  furnished  you  so  soon  as  this  government 
is  advised  of  the  fact,  that  the  measure  of  annexation,  is  made  certain 
to  Texas  by  the  action  of  the  present  Congress  or  Senate  of  the  United 
States.  In  this  event  the  President  will  also  (should  an  appropriation 
be  made  for  the  purpose)  accede  to  your  request  and  send  on  a  special 
Minister  to  act  in  conjunction  with  you  in  the  arrangement  of  this 
important  matter.  In  the  mean  time,  you  will  ascertain  the  views  of 
the  government  of  the  United  States,  so  far  as  may  be  practicable, 
upon  the  various  points  submitted  in  this  communication,  and  upon 
such  others,  connected  with  the  subject,  as  may  be  likely  to  arise  in 
the  discussion  and  formation  of  a  Treaty. 

A  full  power  will  be  sent  you  to  conclude  a  treaty,  so  soon  as  this 
department  is  advised  by  you  of  the  proper  action  having  been  taken 
on  this  subject,  by  the  executive  and  coordinate  branches  of  the 
Govt,  of  the  United  States. 

In  the  event  the  treaty,  for  annexation,  should  not  appear  to  have 
a  fair  prospect  of  success,  you  will  urge  upon  the  government  of  thp 
United  States,  in  your  intercourse  with  it,  the  active  and  efficient 


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250  AMERICAN  HISTORICAL  ASSOCIATIOK'. 

interposition  of  its  influence,  in  putting  an  end  to  the  war  with 
Mexico,  and  thereby  ensuring  to  the  people  of  both  countries  the 
advantages,  to  be  derived  to  them,  from  our  National  Unity  and 
Independence.  For  the  more  certain  attainment  of  this  desirable 
object,  it  would  be  very  acceptable  to  this  government,  could  a  treaty 
of  alliance,  offensive  and  defensive  towards  Mexico  be  formed  with 
it,  by  that  of  the  United  States.  You  will  therefore  sound  the 
Secretary  of  State  of  the  United  States  on  this  subject,  and  inform 
him  of  our  willingness  to  enter  into  some  arrangement  of  the  kind, 
and  inform  this  Department  of  his  views,  in  reference  to  the  subject, 
at  the  earUest  possible  period.  The  declarations,  made  by  the 
President  of  the  United  States,  in  his  late  Annual  Message  to  Con- 
gress, and  the  position  taken  by  him,  as  well  as  the  principles  avowed 
by  the  Secretary  of  State  of  the  United  States,  and  the  Minister,  Gren. 
Thompson,  in  their  late  correspondence  with  the  authorities  of 
Mexico,  would  appear  to  suggest  the  alliance,  now  proposed,  as  the 
most  proper  means  of  giving  effect  to  those  declarations  and  prin- 
ciples, with  the  view  of  promoting  the  interests  the  United  States 
have  in  the  establishment  of  our  complete  independence,  as  con- 
nected with  the  commercial  advantages,  to  be  obtained,  for  them, 
through  such  a  measure,  the  safety  of  their  domestic  institutions,  and 
the  continuance  of  Union  and  harmony  between  the  different  mem- 
bers of  their  confederacy.  No  proposition  for  a  treaty  of  alliance  has 
yet  been  authorized  to  be  made  to  any  other  government,  but  as  our 
negotiations  with  Mexico  may  be  abruptly  terminated,  it  becomes  the 
duty  of  this  Government  to  be  prepared  for  such  an  emergency.  It 
is,  therefore,  of  the  utmost  importance  that  the  views  of  the  United 
States,  on  this  subject,  should  be  immediately  known,  and  communi- 
cated by  you  to  this  Department,  in  order  that  the  President,  in  the 
event  of  an  unfavorable  answer,  might  take  prompt  action,  in  refer- 
ence to  it,  with  some  other  government,  whose  friendly  dispositions 
can  be  relied  upon. 

Upon  the  most  mature  deliberation  and  consultation  with  the 
various  tribes  of  Indians,  including  the  Kioways  and  Commanches,' 
it  has  been  concluded  to  hold  a  General  Council  with  them,  at  the 
Tahuacana  Creek,  on  the  Brazos  river  about  25  miles  above  the  falls,' 
in  the  month  of  April  next,  at  which  it  would  be  desirable  to  have  the 
attendance  of  Col.  Butler,  on  the  part  of  the  United  States.  So 
many  objections  appeared  to  have  arisen  to  the  Treaty  being  held 
on  Red  River  as  originally  proposed  by  you  that  the  President  agreed 
to  change  the  place  of  holding  it  as  above.  You  will  make  this 
arrangement  known  to  the  Gk)vt  of  the  United  States  and  request  the 
attendance  of  their  Commissioner  etc.,  at  the  time  and  place  specified. 
It  is  presumed  this  alteration  will  not  be  productive  of  any  dissatis- 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  251 

faction  to  the  Government  of  the  U.  States,  or  serious  inconvenience 
to  Col.  Butler,  while  it  is  believed  that  by  holding  the  Council  on  the 
Brazos,  the  tribes  to  be  pacified  will  be  removed  as  much  as  possible 
from  all  undue  and  adverse  influences,  which  the  cupidity  and  selfish- 
ness of  Indians  and  others  residing  on  and  near  Red  River,  might 
otherwise  interpose,  in  endangering  the  success  of  the  Treaty. 

«  «  ♦  «  :|c  «  ntia 

I  have  the  honor  to  be,  with  great  respect 
Your  obt  servant 

(signed)  Anson  Jones 


Houston  to  Van  Zandt.'' 


Brower  to  Van  Zandt.*^ 


Houston  to  Murphy.^ 


Porter  to  Upshur.* 


Upshur  to  Van  Zandt/ 


Jones  to  Murphy.^ 


Murphy  to  Jones.^ 


Jones  to  Murphy.* 


Murphy  to  Upshur.* 


«  Here  Is  omitted  a  penic;raph  relative  to  Van  ^andt's  salary  and  the  expenses  of  the  Legation. 

ft  January  29, 1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  L 

e  January  31, 1844  (extract).    Bee  Van  Zandt  to  Jones,  February  22, 1844. 

'  February  3, 1844.   See  Correspondence  with  the  United  States  in  Part  I. 

«  February  3, 1844.    Bee  Van  Zandt  to  Jones,  February  22, 1844. 

/  February  6, 1844.    See  Van  Zandt  to  Jones,  February  22, 1844. 

#  February  14, 1844.    See  Calendar  of  Correspcmdence  with  the  United  States  hi  Part  I. 

*  February  15, 1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  L 


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252  american  historical  association. 

Jones  to  Henderson. 

Department  op  State 
Washington  [Texas]  Feb.  15th  18U 
Sib 

It  having  been  determined  by  His  Excellency  the  President  to 
accede  to  a  proposition  which  has  be-en  made  to  this  government  by 
that  of  the  United  States  to  conclude  a  Treaty  for  the  annexation  of 
Texas  to  that  country,  and  to  enter  into  n^otiations  for  that  pur- 
pose at  the  city  of  Washington  he  has  appointed  you  Special  Agent  of 
this  government  to  conduct,  in  conjimction  with  the  Hon.  I.  Van 
Zandt  our  present  Charg6  d'Affaires  at  that  Court,  those  negotia- 
tions. You  will  receive  herewith  your  Commission,  also  a  letter 
accrediting  you  in  this  capacity,  to  the  Secretary  of  State  of  the 
United  States  and  a  full  power  to  conclude  and  sign  with  such  per- 
son or  persons  as  may  be  appointed  and  similarly  accredited  on  the 
Part  of  the  U  States  a  Convention  or  Treaty  in  the  premises.* 

Unavoidable  circumstances  prevent  me  at  this  time  from  giving  you 
ample  written  instructions.  Such  however  as  may  be  deemed  neces- 
sary will  be  prepared  and  sent  to  you  at  the  City  of  Washington  in  a 
very  few  days.  In  the  mean  time,  it  is  only  requisite  for  me  to  say 
to  you  that  the  President  places  great  reliance  upon  your  skill  judg- 
ment and  intimate  knowledge  of  the  subject  and  the  important 
interests  of  the  country  which  are  involved  in  it,  and  does  not  deem 
it  proper  therefore  to  confine  your  action  within  the  limits  which 
minutely  special  instructions  impose  and  thereby  to  hazard  the 
successful  issue  of  your  mission.  You  will  proceed  to  the  city  of 
Washington  with  as  Uttle  delay  as  possible,  and  place  yourself  in 
communication  with  Mr.  Van  Zandt,  from  whom  you  will  learn  the 
present  attitude  of  this  matter  at  that  Court  After  being  received 
in  your  official  and  diplomatic  capacity  by  the  government  of  the 
United  States,  you  will  previous  to  entering  into  the  negotiation, 
take  measures  to  obtain  from  that  government,  as  full  a  guarantee 
as  possible  to  the  requirements  of  this  government,  as  contained  in 
my  letter  to  Gen.  W  S.  Murphy  Charg6  d  Affaires  of  the  U.  S.  under 
date  of  the  14th.  Inst,  a  copy  of  which  is  herewith  enclosed  for  your 
information  as  well  as  his  answer  and  my  reply  thereto.  So  soon  as 
you  shall  have  reed  satisfactory  assurances  on  the  main  point  in  that 
letter,  and  which  you  wUl  see  has  been  refered  by  Gen.  Murphy  to 
his  government  for  that  purpose  you  will  proceed  to  enter  upon  the 
negotiations  for  a  treaty  of  Annexation  between  the  two  countries. 
Untill  you  shall  receive  the  instructions  refered  to  in  the  commence- 
ment of  this  despatch  you  will  be  governed  by  those  heretofore  given 
by  this  government  to  its  Ministers  on  this  subject. 

a  No  copies  of  these  enclosures  have  been  found.  Henderson  went  to  Washhigton  City,  reaching  there 
some  time  before  April  1.  He  was  recalled  by  a  letter  bom  Houston  dated  May  17,  and  he  left  Washlng- 
ton,  Jtme  16. 


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CORRESPONDENCE  WITH  THE  UNITED  STATES.  253 

It  is  desireable  that  the  greatest  secrecy  and  dispatch  should  be 
observed  in  the  conducting  this  very  deUcate  and  important  matter 
and  that  you  should  keep  the  government  constantly  advised  of 
your  progress  and  of  every  thing  connected  with  the  subject 
I  have  the  honor  to  be 
very  Respectfully 

Your  obt  Svt 

Anson  Jones 
Genl  J.  PiNCKNEY  Henderson 

Special  Agent  of  the  Republic  of  Texas 

etc    etc    etc    etc 


Jones  to  Murphy. 

Department  of  State 
Washington  [Texas]  Feb.  16th  18U 
Sm 

I  have  the  honor  to  acknowledge  the  receipt  of  your  note  addressed 
to  this  Department  on  the  1st  December  last  upon  the  subject  of  an 
alledged  murder  of  a  Choctaw  Indian  named  Daniel  Wesley  said  to 
have  been  committed  by  a  white  man  named  George  Albon  at  the 
Pine  Bluffs. 

Upon  the  receipt  of  your  note  above  refered  to  steps  were  imme- 
diately taken  to  have  the  cause  of  complaint  investigated  by  this 
Government,  with  a  view  to  inflicting  proper  punishment  upon  the 
individual  charged  with  this  outrage  should  it  appear  that  he  had 
been  guilty  of  the  same  as  well  as  for  the  purpose  of  preventing  a 
repetition  of  such  act  on  the  part  of  any  of  our  citizens  as  far  as 
might  be  practicable,  and  I  should  sooner  have  answered  your  note 
and  given  you  this  assurance  but  was  daily  expecting  your  presence 
at  the  Seat  of  Government,  an  event  which  I  regret  the  state  of  your 
health  has  untill  now  prevented. 

The  existence  of  the  traffic  in  spiritous  liquors  by  our  citizens 
with  the  Indians  this  Government  most  strongly  deprecates  and  it 
will  use  its  best  endeavors  at  all  times  in  conjunction  with  the  United 
States  in  preventing  it  upon  our  conterminous  borders. 

So  soon  as  Mr.  Albon  can  be  arrested  and  brought  to  trial  for  the 
alledged  offence  the  same  will  be  done,  and  I  beg  leave  to  assure  you 
that  no  proper  efforts  which  this  government  can  use  will  be  omitted 
to  cause  this  matter  to  be  duly  investigated  and  justice  as  well  as 
prompt  punishment  to  be  inflicted  upon  him  if  found  guilty 

I  have  the  honor  to  be  with  sentiments  of  the  highest  considera- 
tion and  respect 

Your  most  obedient  faithful  Servant 

(Signed)  Anson  Jones 

To  Gen.  W.  S.  Murphy 

Charge  d^  Affaires  of  the  U.  S.  • 

etc    etc    etc 


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254  american  historical.  association. 

Houston  to  Jackson.** 


Murphy  to  Tyler.* 


Raymond  to  Jones.* 


Murphy  to  Davis.* 


Van  Zandt  to  Upshur.** 


Van  Zandt  to  Upshur.* 


Van  Zandt  to  Jones./ 
[Despatch  No.  114.] 

Legation  of  Texas 

Washington  D,  C, 

February  22nd  1844 
Hon  Anson  Jones 

Secretary  of  State 
Sir, 

I  have  the  honor  to  enclose  you  a  copy  of  a  communication 
addressed  by  me  to  Hon  A.  P.  Upshur,  Secretary  of  $tate  of  the 
United  States  in  reply  to  his  of  the  29th.  of  December,  last,  and  of 
the  16th  ultimo  upon  the  subject  of  the  outrage  committed  by  Captain 
Cooke  under  the  sanction  of  Major  General  Gaines,  copies  of  which  I 
have  heretofore  forwarded  to  your  department.  I  have  given  this 
subject  every  attention  in  my  power,  and  from  all  that  I  have  been 
enabled  to  discover  it  is  my  impression  (although  as  you  perceive  I 
maintain  the  contrary  to  this  Government)  that  the  occurrence  took 
place  within  the  territory  of  the  United  States.  I  found  in  the 
Topographical  oflSce,  here,  a  map  of  the  Santa  Fe  road,  made  from 
actual  survey  by  order  of  this  Government.  That  map  shows  that 
the  territory  where  Major  Snively  was  encamped  was  about  or  a  short 
distance  west  of  longitude  99®.     What  will  be  the  result  of  the  Court 

o  February  16, 1844.    See  Calendar  of  CorrespondeDce  with  the  United  States  In  Part  I. 
h  February  17, 1844.    See  Calendar  of  Correspondence  with  the  United  States  In  Part  L 
c  Febmary  19, 1844.    See  Calendar  of  Correspondence  with  the  United  8tat«s  In  Part  I. 
d  February  21, 1844  (as  to  Robertson's  negroes).    See  Van  Zandt  to  Jones.  February  22, 1844. 
*  February  21, 1844  (as  to  the  Snively  affair).   See  V«o  Zandt  to  Jones,  Febmary  22, 1844. 


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COBBESPONDENCE  WITH  THE  UNITED  STATES.  255 

of  Inquiry  of  course  can't  be  known  beforehand,  I  have  no  doubt 
however  that  the  whole  transaction  will  be  fully  investigated. 

The  President  of  the  United  States,  from  some  cause,  seems  disposed 
(for  the  Secretary  of  State  informed  me  that  what  he  had  said  was 
altogether  by  His  direction)  to  pass  over  if  possible  the  letter  of  Gen- 
eral Gaines  without  exposing  the  orders  which  have  been  issued  from 
the  War  Department  concerning  it.  I  think  my  reply  will  bring  that 
matter  out.  As  I  stated  to  you  on  a  former  occasion  I  know  the  order 
of  disapproval  has  been  issued  for  I  read  the  record  in  the  War  Depart- 
ment. After  my  communication  to  Mr.  Upshur  has  been  examined 
by  His  Excellency  Genl.  Houston,  if  any  further  steps  be  thought 
necessary  I  hope  you  will  advise  me  as  early  as  practicable. 

You  will  perceive  that  I  have  again  urged  the  consideration  of  the 
complaint  made  in  the  case  of  the  rescue  of  the  goods  from  the 
Collector  of  Red  River.  A  short  time  since  in  a  conversation  with  the 
President  I  informed  him  we  should  require  a  full  indemnification  for 
the  goods  taken;  he  repUed,  he  thought  we  ought  to  bo  satisfied  with 
the  payment  of  the  duties  if  we  could  get  that.  I  rejoined  that  we 
should  expect  the  whole  amount  to  be  paid.  I  shall  leave  no  means 
untried  to  get  a  decission  of  this  matter  as  early  as  possible.  The 
Secretary  has  so  many  engagements  to  attend  to  that  it  is  difficult 
for  him  to  devote  much  time  to  any  particular  subject. 

I  also  enclose  you  a  copy  of  a  note  received  by  me  from  Mr.  Upshur, 
with  a  letter  from  the  Secretary  of  War  communicating  the  decission 
of  his  Department  in  the  case  of  Dr.  Robertsons'  negroes ;  and  also  a 
copy  of  my  reply.  You  will  perceive  that  this  long  controversy  has 
at  length  been  terminated  favorably.  I  had  much  difficulty  with  it, 
on  account  of  the  former  decission  made  to  my  predecessor.  Mr. 
Spencer  fought  against  it  throughout  and  contended  for  every  inch 
of  groimd.  I  deem  it  unnecessary  to  rehearse  all  the  objections  made, 
suffice  it  to  say,  they  first  denied  the  true  state  of  the  facts — ^next,  the 
right  to  demand  them  under  the  treaty,  and  lastly  denied  the  force  of 
the  treaty  itself.  AH  of  which  I  finally  battled  down  and  now  have 
the  satisfaction  to  give  you  the  result.  The  negroes  will  be  deUvered 
to  Dr  Robertson  whenever  he  appUes  to  Gov  Butler  the  Cherokee 
Agent.  It  would  be  well  to  inform  him  as  early  as  possible  that  he 
may  attend  to  it. 

I  send  you  a  copy  of  an  extract  of  a  letter  from  Mr.  Brower  on  the 
subject  of  the  proceedings  of  the  Chamber  of  Commerce  in  regard  to 
our  treat3^  His  effort,  to  secure  the  passage  of  certain  resolutions 
and  the  adoption  of  a  report  upon  the  subject,  it  seems,  has  failed. 
He  has  since  gotten  up  a  petition  on  the  subject  which  will  be  for- 
warded to  the  Senate. 

Aside  from  the  general  disposition  not  to  agitate  that  matter  again 
at  this  time,  it  cannot  have  escaped  your  attention  that  the  last  article 


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256  AMERICAN  HISTORICAL  ASSOCIATION. 

of  the  treaty  itself  says  that  the  exchange  of  ratification  shall  take 
place  within  ten  months,  which  period  has  sometime  since  expired. 
To  renew  the  action  on  the  treaty  your  Representative  here  will  have 
necessarily  to  be  furnished  with  full  powers  to  do  so,  by  an  additional 
article. 

I  sent  you  a  few  days  ago  a  printed  copy  of  the  letter  of  Mr.  Walker 
upon  the  subject  of  annexation,  it  has  had  a  most  powerful  influence 
here  and  will  have  throughout  the  whole  country.  The  question  is 
evidently  gaining  friends,  and  great  anxiety  is  manifested  that  a 
treaty  should  be  made  as  early  as  possible.  I  regret  to  learn  that  a 
memorial  upon  annexation  has  been  received  here  from  all  the  mem- 
bers of  our  Congress,  except  four,  who  were  reputed  sick  or  absent. 
I  have  not  seen  the  memorial  or  the  names.  The  proceeding  is  cer- 
tainly a  novel  one.  It  is  considered  as  having  been  gotten  up  because 
of  their  distrust  of  the  Executive  and  has  tended  to  confirm  the  many 
false  rumours  circulated  against  his  reputation.  The  impression  is, 
that  all  who  signed  the  memorial  show  they  have  a  want  of  confidence 
in  the  head  of  the  nation,  through  whom  diplomatic  affairs  are  usually 
conducted,  such  certainly  could  not  have  been  their  design.  But 
whatever  it  may  have  been,  the  step  can  add  nothing  to  our  advan- 
tage, or  the  elevation  of  that  confidence  so  essential  to  every  nation. 

With  the  highest 
sentiments  of  regard  I  have  the 

honor  to  be 

Very  Respectfully 

Your  Obdt.  Servt 

Isaac  Van  Zandt 


Extract  of  a  letter  from  Mr.  Brower  Consul  of  Texas  at  New  York  to  Mr.  Van  Zandt,  dated  January 

3l8t  1844. 

"As  soon  as  I  perceived  that  Mr.  Slidell  from  the  Come,  of  Com- 
merce, in  the  House  of  Repr.  had  reported  a  bill  to  admit  Texian 
cotton  into  the  U.  S.  free  from  duty,  I  procured  an  extra  meeting  of 
the  Chamber  of  Comfaerce  in  order  to  take  up  my  report  on  the  table, 
which  closes  with  a  resolve  to  memorialize  the  U.  S.  Senate  in  favour 
of  adopting,  [or]  rather  ratifying,  the  Commercial  Treaty  negociated 
between  Mr.  Reily  and  Mr.  Webster. 

The  members  of  the  Chamber  of  Conmierce  hold  diverse  views  in 
reference  to  **  ''free  trade"  and  ''restrictive  policy''  which  from  my 
first  movement  in  this  matter,  gave  me  fears  of  opposition.  I  was 
opposed  on  three  grounds.  First,  it  was  objected  that  any  considera- 
tion was  due  to  cotton  from  Texas  in  preference  to  other  foreign 
cottons  which  might  be  imported  into  the  United  States.  Second, 
the  Chamber  is  operating  by  memorial  to  Congress  for  the  establish- 
ment of  a  *' warehousing  system'*  whereby  to  favour  importations 

a  In  quoting  the  two  phrases  that  follow  here,  the  copyist  should,  of  course,  have  used  sing^  poiiita. 

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COESESPONDENCE  WITH  THE  UNITED  STATES.  257 

into  this  country  as  a  transitu  market,  and  it  was  objected  that  this 
might  miUtate  against  that  project.  Finally,  it  was  doubted  whether 
your  treaty  could  be  ratified  by  the  U.  S.  Senate  in  good  faith  with 
treaty  stipulations  between  the  U.  S.  and  other  coimtries.  To  the 
first  objection,  I  answered,  that  I  esteemed  this  a  project  complete 
in  itself,  that  the  nature  of  our  trade  with  Texas  made  it  necessary, 
to  the  preservation  of  that  trade,  that  the  reciprocal  principles  of 
the  Treaty  should  be  adopted.  That  the  U.  S.  would  receive  bene- 
fits, from  those  principles,  large  and  fully  commensurate  to  any  they 
could  concede  to  Texas.  It  was  for  the  interest  of  the  U.  S.  both  in 
her  commerce  and  manufactures  that  the  Treaty  should  be  ratified, 
and  this  could  not  be  mistaken  or  fairly  opposed,  as  shown  by  the 
details  of  the  report  under  consideration.  I  had  no  objection,  if 
gentlemen  wished  to  throw  open  our  ports  to  cotton  of  other  countries, 
to  go  with  them  on  all  proper  occasions  and  to  every  extent  of  fair 
reciprocity  in  trade,  as  it  never  had  been  my  belief  that  the  ^^restric- 
tive'' was  the  best  commercial  policy  of  the  U.  S.  But  I  did  object 
to  tacking  to  this  movement  any  other  project,  not  digested  and 
which,  at  any  time  might  be  of  doubtful  propriety.  To  the  second 
objection,  I  answered,  if  it  could  be  shown  in  what  point  the  ware- 
house bill  was  to  be,  or  could  be,  prejudiced  by  this  recommendation, 
I  might  find  excuse  for  not  urging  my  position.  As  appeared  to  me, 
we  had  to  look  to  men  of  Uberal  views,  in  Congress,  for  the  carrying 
of  both  objects — these  objects  had  strong  analogies,  and  those  who 
favored  the  one  would  advocate  the  other,  while  therefore,  this 
might  aid  the  ware  house  bill,  it  could  not  in  any  respect  impair  its 
chances.  I  opposed  the  final  objection,  by  saying,  gentlemen  cannot 
for  a  moment  suppose  Mr.  Webster  and  Mr.  Reily  to  have  overlooked 
the  first  principle  on  which  a  contract  is  based,  viz,  the  right  of  the 
parties  to  enter  into  it  without  violating  faith  with  existing  obliga- 
tions between  themselves  and  other  parties;  this  was  assuming  too 
much.  For  myself,  I  did  not  doubt  the  U.  S.  had  the  right  to  grant 
particular  privileges  to  a  nation,  which,  as  a  consideration,  gave 
particular  and  ample  advantages  in  return.  But  suppose  the  objec- 
tion well  taken,  our  memorial  could  work  no  evil.  If  the  U.  S. 
Senate  have  their  hands  tied  by  preexisting  treaties,  they  cannot 
ratify  this.  We  do  not  ask  them  to  violate  faith,  but  to  act  only  so 
far  as  they  can  conformibly  to  it. 

I  confess  to  you,  I  saw  no  point  or  force  in  any  of  the  objections 
raised,  but  rather  a  narrow  and  iUiberal  principle  operating  to  the 
prejudice  of  strict  propriety.  But  the  result  was  I  lost  my  object 
by  the  casting  vote  of  the  President  of  the  Chamber". 

True  copy  of  extract 

Chas.  H.  Raymond 

Secty  of  Legation 
39728**~voL  2,  pt  1—11 ^17 


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258  AMEBICAN  HISTORICAL  ASSOCIATION. 

[Next  come  copies  of  the  following:^  Upshur  to  Van  Zandt, 
February  6,  1844;  Porter  to  Upshur,  February  3,  1844;  Van  Zandt 
to  Upshur,  February  21,  1844  (two  letters  of  tJbe  same  date).] 

(Mr.  Van  Zandt  to  Mr.  Upshur) 

Lbgation  of  Texas 
Waahmgtm  D.  C.  Feby  ilai,  18U 
Sot 

In  reply  to  my  note  of  the  14th.  of  September,  last  concerning 
two  negroes  the  property  of  Dr  J.  W.  Robertson  of  Texas  which 
were  captured  by  the  Indians  and  are  now  in  the  possession  of  James 
Edwards  of  the  Cherokee  nation,  I  have  the  honor  to  acknowledge 
the  receipt  of  your  note  of  the  6tli.  instant,  witli  the  accompanying 
copy  of  a  letter  of  the  Secretary  of  War  of  the  3rd.  inst,  communi- 
d^hig  to  the  Department  of  State  the  deciseion  of  the  War  Depart- 
ment upon  that  subject,  from  which  it  appears  that  orders  have  bemi 
given  to  the  Cherokee  Agent  to  deliver  up  the  boys  in  accordance 
with  the  33rd.  Article  of  the  treaty  of  1831. 

I  shall  hasten  to  communicate  to  my  Govemmeat  information  of 
this  determination,  that  the  necessary  steps  may  be  taken  to  receive 
the  negroes  refered  to  from  the  Cherokee  Agent. 

The  proper  decission  of  this  long  standing  question  will  afford  much 
satisfaction  to  the  Qovemmeot  of  Texas.  While  it  furnishes  another 
evidence  of  the  friendly  disposition  of  the  Govenmient  of  the  United 
States,  and  of  its  deterooination  to  fulfill  in  good  faith  its  treaty 
stipulations,  it  is  at  the  same  time  calculated  to  exercise  a  most 
salutary  influence  upon  the  border  tribes  of  Indians,  who  have 
heretofore  committed  their  depredations  upon  the  defenceless  settlers 
of  Texas,  and  fled  to  the  United  States  where  they  have  found  a 
market  for  their  captives  and  spoils. 

The  Undersigned  avails  himself  of  this  occasion  to  offer  Mr.  Upshur 
renewed  assurances  of  his  distinguished  consideration. — 

(signed) 

IsAAo  Van  Zanikf 

Chargi  d' Affaires 
qfTexas 
To  the  H<morahle  A.  P.  UBSDim 

etc,  etc,  etc 


MUBFHT  TO  UpSHUB.* 


«  See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

»  February  22, 1844.   See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 


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ooebbspondence  with  the  united  states.  269 

Jones  to  Van  Zandt. 

Department  of  State 
WasUngton  [Texas]  Feb,  2Ifth  18U 
To  the  Hon  I  Van  Zandt 

Charge  d^ Affaires  etc  etc  etc 
Sm, 

I  am  in  receipt  of  your  despatches  to  the  20th.  of  January. 

Congress  having  passed  a  secret  act  and  made  an  appropriation  of 
Five  thousand  Dollars  for  the  purpose  of  sending  a  special  agent  to 
Washington  City  to  act  in  conjimction  with  you  in  negotiating  a 
Treaty,  for  the  Annexation  of  Texas  to  the  United  States  of  America, 
The  President  has  been  pleased  to  appoint  J.  Pinckney  Henderson  to 
that  office.  Gen  Henderson  left  this  place  last  week,  with  instruc- 
tions to  proceed,  without  delay,  to  the  city  of  Washington,  to  dis- 
charge the  duties  of  his  mission,  accompanied  by  W.  D.  Miller,  Esq. 
as  Secretary  to  the  secret  Legation.  A  copy  of  the  instructions  given 
to  (Jen.  Henderson  for  the  governance  of  both  you  and  himself,  and 
also  of  the  correspondence  between  the  State  Department  and  (Jen. 
Murphy,  Charg6  d' Affaires  of  the  U  States,  on  the  subject  of  Annexa- 
tion as  also  a  full  power  to  you,  in  conjunction  with  the  special  agent, 
to  conclude  and  sign  a  treaty  in  the  premises,  were  forwarded  you  by 
Mr.  Miller,  who  will  probably  be  at  Washington  by  the  time  this 
despatch  is  received. 

I  have  the  honor  to  be  with  the  highest  respect 
Your  Ob  Svt 

(Signed)  Anson  Jones 


Jones  to  Henderson  and  Van  Zandt. 

Deft  op  State 
Washington  [Texas]  Feb.  2Bth,  18U 
Gentlemen, 

The  President  having  duly  empowered  you,  under  circumstances 
and  considerations  which  have  already  been  specified  to  open  nego- 
tiations for  a  Treaty  of  Annexation  with  the  United  States  of  Amer- 
ica, you  will  proceed  in  conjunction  in  effecting  a  Treaty  for  the  same, 
taking  as  the  basis  of  your  action  the  instructions  given  by  the  Sec- 
retary of  State,  the  Hon.  S.  F.  Austin,  to  our  Minister  at  Washington 
in  1836,**  and  those  furnished  to  you  respectively  by  myself  on  the 
27th  of  January  Ulto.  and  15th.  of  Feb.  Inst. 

«  Novexnbor  18.    Se»  oorreepondenoe  with  the  United  States,  Part  1, 136-140. 


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260  AMERICAN  HISTORICAL  ASSOCIATION. 

These  instructions  are  deemed  sufficiently  ample  for  your  direction 
and  upon  mature  reflection  more  minute  ones  are  deemed  unneces- 
sary. The  President  relies  upon  your  intimate  knowledge  of  the 
interests  of  this  country  and  the  wishes  of  its  government  to  meet 
any  point  which  may  arise  in  the  discussion  of  the  subject  with  the 
authorities  of  the  United  States,  and  not  embraced  in  the  instruc- 
tions already  given  as  above  refered  to.  There  are  two  points  how- 
ever not  embraced  in  those  instructions  to  which  your  attention  will 
be  directed 

The  first  is,  The  number  of  States,  into  which  the  territory  of  Texas 
shall  be  subdivided  It  is  presumable  that  in  the  settlements 
already  made  there  is  a  sufficient  population  to  constitute  one  State, 
accorcUng  to  the  requirements  of  the  Federal  Constitution  and  that 
the  remaining  territory  of  the  RepubUc  is  sufficiently  large  to  con- 
stitute three  more  at  a  future  period.  You  will  therefore  provide  in 
the  Treaty  for  the  ultimate  creation  of  at  least  four  States,  and  for 
their  admission  into  the  Union,  so  soon  as  the  population  of  the 
respective  territories  of  which  they  are  to  be  composed  shall  be  suffi- 
cient for  that  purpose, — and  in  the  mean  time  that  territorial  gov- 
ernments shall  be  established  and  maintained  as  circumstances  and 
the  wants  of  the  people  residing  in  those  Umits  respectively  may 
render  proper  and  necessary 

The  second  point  is  the  disposition  of  the  Navy  of  Texas  In  rela- 
tion to  this  you  will  provide  that  all  the  national  vessels  shall  become 
the  property  of  the  United  States  and  that  its  government  shall  pay 
to  the  builders  of  the  vessels  the  price  of  the  same  agreeably  to  con- 
tract with  a  reasonable  interest  on  the  amount. 

The  limits  of  Texas  being  defined  by  act  of  Congress,  you  will  be 
governed  by  that  act  in  specifying  its  boundaries. 
I  have  the  honor  to  be 

with  the  highest  respect 
Your  obt  Svt 

Signed  Anson  Jones 

To  Messors  J.  Pinckney  Henderson 

and  Isaac  Van  Zandt  Esquires 


Van  ZAinxr  to  Jones.* 


Allen  to  WALXEBr'' 


«  February  27, 1844.   See  Calendar  of  Correspondence  with  the  United  States  In  Part  I. 
h  ICarch  1 ,  1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 


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cobbbspondence  with  the  united  states.  261 

Van  Zandt  to  Jones  « 

Dispatch  No.  115. 

Legation  op  Texas 

Washington  D.  0, 

March  Sih.  1844 
Hon  Anson  Jones 

Secretary  of  State 
Sm 

Your  dispatch  of  the  27th  of  January,  last,  has  been  received  and 
its  contents  noted.  Intelligence  will  have  reached  you  in  advance 
of  this  of  the  deaths  of  Mr.  Upshur,  Secretary  of  State,  and  of  Mr. 
Gilmer  Secretary  of  the  Navy.  This  lamentable  dispensation  of 
Providence  has  cast  an  imusual  gloom  over  all.  The  loss  of  two  such 
distinguished  men  at  this  great  crisis  must  be  severely  felt — Felt  not 
only  by  this  coimtry;  but  our  own.  Both  were  ardent  and  devoted 
friends  of  our  cause — ^ready  and  willing  to  do  every  thing  consistent 
with  the  high  principles  of  honor  and  patriotism,  that  might  be 
calculated  to  advance  our  interest  and  promote  our  welfare.  For 
some  days  previous  to  Mr.  Upshur's  death  we  had  been  engaged  in 
discussing  the  terms  of  a  treaty  of  annexation  and  had  agreed  upon 
all  the  main  points,  subject,  however,  to  any  changes  which  might  be 
made  necessary  upon  the  receipt  of  further  instructions  from  your 
Department.  I  had  given  to  him  for  examination  an  outline  of  the 
points  which  would  be  required  to  be  included;  and  he  had  sub- 
mitted to  me  a  similar  draft,  in  his  own  handwriting,  embracing  his 
views,  which  corresponded  fully  with  my  own  in  every  main  particu- 
lar. In  this  situation  I  was  awaiting  a  reply  to  my  last  commimica- 
tion  on  this  subject.  Had  instructions  arrived  to  authorize  me  to 
consumate  it,  the  treaty  could  have  been  concluded  in  half  a  day. 
Who  may  be  called  to  the  State  Department  is  yet  uncertain.  I  fear 
it  will  not  again  be  so  well  filled.  So  far  as  the  question  of  annexation 
is  concerned  I  feel  well  assured  no  one  will  be  appointed  who  will  be 
so  well  suited  to  carry  out  the  measure  as  Judge  Upshur  was.  He 
had  fully  investigated  it  in  all  its  bearings  and  knew  the  opinions, 
the  prejudices,  and  inclinations  of  the  Senate  in  regard  to  it.  His 
great  strength  of  intellect,  his  indomitable  energy,  nerve  and  decission 
of  character  combined  with  an  amiable  disposition  that  secured  the 
love  and  respect  of  all  parties,  fitted  him  beyond  any  other  man  for 
this  great  task. 

In  compliance  with  your  last  instructions  I  indicated  to  Mr.  Upshur 
the  desire  of  our  Grovemment  to  conclude  a  treaty  of  alliance  in  the 
event  that  no  assurance  was  given  by  Congress  or  the  Senate  before 

aL.S. 


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262  AMBBICAN  HISTORICAL  ASSOCIATIOlSr. 

hand  that  a  treaty  of  annexation  would  be  ratified.  He  replied  that 
such  a  treaty  could  not  be  concluded,  that  it  would  be  against  the 
long  settled  and  established  policy  of  the  United  States,  and  that 
the  only  way  in  which  this  Government  under  present  circumstances 
could  become  a  party  vnth  us  was  by  annexation,  which  he  had  pro- 
posed through  the  constitutional  channel  of  the  treaty  making  power. 
If  the  object  contemplated  by  you  is  really  to  conclude  a  treaty  of 
alliance  with  the  President  of  the  United  States  after  declining  to 
accept  his  proposition  of  annexation,  I  am  at  a  loss  to  determine 
the  reason  of  the  choice  of  this  policy.  To  conclude  a  treaty  of 
alliance  with  the  United  States  would  give  as  great  offence  to  Great 
Britain  and  France  as  a  treaty  of  annexation,  and  such  a  treaty  would 
certainly  stand  a  less  chance  of  ratification  in  the  Senate  of  the  United 
States,  for  it  would  involve  this  Government  in  all  the  responsi- 
bilities which  annexation  would,  and  yet  secure  to  it  none  of  its  great 
advantages. 

Although  in  your  instructions  to  me  you  say  it  is  not  the  desire  of 
our  Government  that  the  claim  for  thd  two  negroes  of  Dr.  Robertson 
should  be  any  further  pressed  by  me  at  present,  yet  I  have  no  doubt 
you  will  be  satisfied  to  learn  that  contrary  to  your  expectations  I 
have  succeeded  in  obtaining  an  order  for  their  delivery,  the  particular 
circmnstances  attending  which  are  detailed  in  my  last  dispatch. 

Since  writing  the  foregoing  this  morning,  I  have  had  an  interview 
with  the  President.  He  informed  me  that  on  yesterday  he  received 
a  dispatch  from  Genl.  Murphy  in  which  it  was  stated  that  Genl. 
Henderson  had  been  appointed  to  act  with  me  in  the  formation  of  a 
treaty  of  annexation,  who  would  bring  with  him  full  powers  for  that 
purpose.  The  President  stated  he  was  very  desirous  to  have  the 
treaty  concluded  at  once  and  by  Mr.  Nelson  the  Attorney  General, 
who  is  Secretary  of  State  adinterim,  that  he  prefered  he  should  do  it 
instead  of  the  gentlemen  to  whom  he  intended  to  offer  the  permanent 
appointment,  and  that  as  Mr.  Upshur  and  myself  had  already  com- 
menced the  treaty  he  hoped  I  would  proceed  at  once  to  arrange  the 
matter  with  Mr.  Nelson  so  that  the  treaty  might  be  ready  to  be 
signed  by  General  Henderson  upon  his  arrival  should  it  meet  his 
conciurence.  Having  received  your  instructions  upon  the  principal 
points  to  be  embraced  in  the  treaty  and  having  already  taken  some 
steps  in  the  matter,  and  believing  that  every  delay  should  be  avoided, 
I  shall  proceed  to  the  discussion  with  Mr.  Nelson  in  order  that  it  may 
be  concluded  at  the  earliest  day  possible  after  the  arrival  of  Genl. 
Henderson 

With  the  highest 
regard  I  have  the  honor  to  be 
Most  Respectfully 

Your  Obdt.  Servt. 

IsAAG  Van  Zantt 


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coemspondencb  with  the  united  states.  268 

Jokes  to  Tayloe.** 


Nelson  to  MuB^mr.* 


Jackson  to 


Van  Zandt  to  Jones.« 

Dispatch  No.  116. 

Legation  op  Texas 

Washington  D.  C, 

March  20th  18U 
Hon  Anson  Jones  etc  etc  etc 

Sm  Near  three  weeks  ago  Despatches  were  received  by  this  Gov- 
ernment from  Genl.  Murphy  stating  that  my  despatches  resubmiting 
the  question  of  annexation  to  our  Government  had  been  received  by 
you  and  my  recommendations  adopted  by  the  President. 

On  the  9th  Inst  Capt  Tod  returned  here  but  brought  me  not  a 
single  line  from- your  Department  nor  up  to  the  present  moment  have 
I  any  communication  in  reply  to  mine  before  alluded  to.  Letters  have 
been  received  in  Baltimore  from  Houston  and  published  more  than 
a  week  ago  stating  that  Genl  Henderson  had  been  appointed  a  special 
minister  and  Plen.  and  En.  Exy.  to  conclude  a  treaty  of  annexation 
with  other  particulars  of  an  alledged  secret  act  of  Congress  etc  This 
information  has  aroused  the  whole  opposition  and  who  now  daily 
pour  forth  the  vials  of  its  wrath  upon  the  contemplated  treaty  Why 
all  these  matters  should  be  communicated  to  Genl  Murphy  and 
otherwise  made  public  in  Texas  and  to  be  heralded  throughout  this 
country  by  the  newspapers  and  yet  I  receive  no  information  from 
your  Department  concerning  it,  is  most  remarkable. 

On  the  19th  ultimo  Genl  Henderscm  wrote  me  hastily  from  Gal- 
veston that  he  was  coming  but  did  not  mention  the  particulars.  I 
have  not  heard  of  or  from  him  since  that  time 

The  delay  which  has  attended  the  action  on  this  matter  has  had  an 
injurious  tendency.  Our  friends  here,  in  New  York  and  else  where 
urge  the  importance  of  an  early  action  if  an  action  is  contemplated 
at  aU,  In  a  letter  I  received  from  Mr  Brower  last  night  he  laments 
the  delay  which  has  occured  and  fears  its  consequences,  but  concludes 
by  saying  he  ''doubts  not"  '4t  were  well  done  if  done  quickly" 

Four  of  the  New  York  papers  are  out  in  favor  of  annexation,  viz. 
The  ''Herald"  "The  RepubUc"  The  "Courier  and  Enquirer"  and  the 

o  March  11, 1844.    See  Van  Zandt  to  Jones,  August  16, 1844. 

b  March  11, 1844.    See  Calendar  of  Correspondenoe  with  the  United  States  in  Part  I. 

eL.S. 


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264  AMERICAN  HISTORICAL.  ASSOCIATION. 

Journal  of  Commerce.  Mr.  Winthrop  of  Massachusetts  asked  to 
have  suspended  the  rules  to  enable  hun  to  offer  a  resolution  in  the 
House  of  Representatives  against  the  annexation  of  Texas  which  was 
refused  Ays  40  Nays  122  which  is  considered  a  test  vote. 

Mr  Calhoun  accepts  the  appointment  of  Sec  of  State,  and  will  be 
here  in  a  day  or  two. 

I  await  with  great  anxiety  the  arrival  of  Genl  Henderson  which  it 
is  to  be  hoped  will  be  soon. 
Very  Respectfully 
Yours 

I.  Van  Zandt 

Van  Zandt  to  Jones." 
No  117 

Legation  op  Texas 

Washington  D  C 
March  22nd  18U 
Hon  Anson  Jones 

etc  etc  etc 
Dear  Sir 

I  have  just  received  your  two  communications  of  the  24th  and  25th 
ultimo. 

Since  the  date  of  my  last  letter  nothing  of  importance  has  tran- 
spired in  relation  to  our  affairs.  Genl  Henderson  has  not  yet  arrived, 
nor  have  I  received  any  information  from  him.  On  yesterday  1 
received  a  letter  from  Mr  W  D  Miller  dated  at  Nashville  on  the  10th 
Inst.  He  expected  to  proceed  the  next  day  to  Genl  Jacksons  where  he 
would  remain  a  few  days  and  then  continue  his  journey  to  this  place. 
Most  respectfully 
Yours 

I.  Van  Zandt 

P.  S.  I  have  appended  a  paragraph  from  a  New  York  paper  which 
may  be  of  interest  to  you'' 

Van  Zandt  to  Jones.* 
Dispatch  No.  118 

Legation  op  Texas 

Washington  Z?.  C. 

March  26, 18U 
Hon  Anson  Jones 

Secretary  ofStaie 
Sir: 

Mr.  W.  D.  Miller  reached  here  at  9  oclock  last  night  from  whom  I 
have  received  your  additional  instructions  upon  the  subject  of  annexa- 

aA.  L.  S. 

b  The  clipping— or  tninscript— is  not  now  with  the  letter. 

«L.S. 


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COEBESPONDENCE   WITH  THE  UNITED  STATES.  '265 

tion  together  with  the  proper  full  power  to  act  in  the  matter.  I  have 
fully  discussed  with  the  Secretary  of  State  all  the  points,  of  the  treaty, 
embraced  in  your  instructions,  and  they  have  all  been  satisfactorily 
arranged  ready  to  be  submitted  to  Grenl.  Henderson  for  his  joint 
approval  whenever  he  comes.  I  regret  much  his  delay  and  begin  to 
fear  that  some  accident  has  befallen  him.  Mr.  Miller  waited  three 
days  and  a  half  for  him  at  Louisville,  and  left  without  hearing  a  word 
from  him. 

A  great  effort  is  making  to  lay  the  treaty  over  if  it  is  made,  and  if 
the  action  is  much  longer  delayed  the  effort  will  succeed  I  fear. 

The  substance  of  the  whole  negotiation  has  by  some  means  become 
public,  Grenl.  Henderson's  appointment,  secret  act  of  Congress  and 
all.  Letters  are  daily  coming  to  persons  here  from  Texas,  the  writers 
of  which  seem  to  understand  the  whole  matter.  Whom  we  should 
blame  for  this,  is  difficult  to  tell.  Let  it  be  whom  it  may  it  is  never- 
theless a  matter  of  infinite  regret. 
Most  respectfully 

Your  Obdt  Servt 

Isaac  Van  Zandt 

Jones  to  Van  Zandt. 

Depabtment  op  State 
Washington  [Texas,]  March  S6ih  I844 
Hon.  I.  Van  Zandt 

Charge  d'affaires  of  the  Rep  of  Texas 

etc  etc  etc 
Sm, 

Your  despatches  of  the  22d  Ulto.  and  5th.  Inst,  have  been  received 
as  also  a  private  letter  of  the  27th  Ulto.  annoimcing  to  [the]  dread- 
ful calamity  on  board  the  Princeton,  the  death  of  the  Secretaries 
Ups[h]ur  and  Gilmer  and  others 

Your  despatches  are  entirely  satisfactory  and  the  course  you  have 
pursued  in  the  matters  committed  to  your  charge  is  fully  approved 
by  the  President.  The  dispositions  evinced  by  the  United  States 
government  to  render  us  justice  for  the  wrongs  committed  by  her 
officers  and  citizens  are  very  gratifying  and  I  confidently  trust  will 
lead  to  a  satisfactory  adjustment  of  the  complaints  made  to  it  by 
this  government. 

♦  ♦♦♦♦♦  4ca 

Enclosed  herewith  I  send  you  a  copy  of  a  proposed  Armistice  which 
has  been  signed  by  our  Commissioners  at  Sabinas.*^  These  were  to 
have  left  Matamoros  early  in  the  present  month  for  this  place  and 
are  now  daily  expected  here.  The  terms,  of  this  agreement  are  by 
no  means  favorable  or  satisfactory  to  this  government,  and  appear  to 


a  Here  Is  omitted  a  paragraph  relative  to  Van  Zandt's  salary. 

^  See  Nelll  to  Jones,  March  10, 1844,  in  Correspondence  with  Mexico. 


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266  AMEBICAN  HISTORICAL  ASSOCIATION. 

indicate  that  the  Mexican  government  are  determined  not  to  recog- 
nize the  independence  of  Texas  I  presume  the  apprehension  of  the 
annexation  of  this  country  to  the  U.  States  and  the  recent  movements 
on  this  subject  has  had  its  influence  with  the  authorities  of  Mexico 
in  determining  its  present  course.  The  President  will  scarcely  deem 
it  proper  to  send  Commissioners  to  the  City  of  Mexico,  and  indeed  the 
time  allowed  them  to  arrive  there  and  conclude  their  negotiations 
(1st  of  May  next)  renders  the  matter  almost  absolutely  impracticable. 

Enclosed  herewith  I  also  send  you  a  letter  just  received  from  Capt. 
Charles  Elliot  H.  B.  Majestys  Chargfi  d* Affaires  to  this  government 
asking  certain  explanations  of  this  government  on  the  subject  of 
Gen.  Henderson's  Mission,  and  the  annexation  of  Texas  to  the 
U  States  with  my  reply  thereto.** 

All  the  above  documents  are  forwarded  for  the  information  of 
yourself  and  Gen.  Henderson  and  for  such  use  as  you  both  may  think 
proper  to  make  of  the  same,  in  connexion  with  your  negotiations  for 
a  treaty  of  annexation,  the  successful  accomplishment  of  which  has 
now  become  more  desireable  and  necessary  to  the  welfare  of  Texas 
than  ever.  And  in  connection  with  this  subject  the  President  directs 
me  to  say  to  you  and  Gen.  Henderson  if  you  are  unable  to  conclude 
a  Treaty  for  Annexation  within  the  limits  of  the  instructions  already 
given  by  this  Department  you  and  he  are  in  that  case  vested  with 
discretionary  powers  to  conclude^ said  Treaty  upon  the  best  terms 
possible  to  be  attained  if  in  your  good  judgments  those  terms  are 
admissible  and  to  bring  your  negotiations  on  this  subject  to  a  conclu- 
sion with  all  convenient  despatch. 

Your  will  please  keep  Mr.  A.  Smith  our  charg6  to  France  and  Eng- 
land advised  of  the  progress  of  your  negotiations. 
I  have  to  the  honor  to  remain 
with  the  highest  respect 

Your  Most  obedient  Svt. 

(signed)  Anson  Jonbs 


Henderson  to  Jones.^ 


Van  Zandt  to  Calhoun.* 


Taylor  to  the  Adjutant  General  of  the  Army  [Jones].** 

a  See  correspondence  with  Great  Britain.    The  date  of  Elliot's  is  March  22, 1844,  and  that  of  the  reply, 
March  25, 1844. 
b  March  30, 1S44.    See  Calendar  of  Correspondence  with  the  United  States  ta  Psrt  L 
c  April  1, 1844.    Van  Zandt  and  Henderson  to  Jones,  April  12, 1844. 
d  April  2, 1844.    See  Van  Zandt  to  Jones,  August  16, 1844. 


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cx)eetbbpondbnce  with  the  united  states.  267 

Murphy  to  Jones." 


Jones  to  Van  Zandt. 

Depaetment  op  State 
WasUrigton  \  Texas]  April  6ih  18U 
To  the  Hon.  I.  Van  Zandt 

Charge  d'affaires  of  Texas 

^  etc  etc 
Sm, 

I  have  the  honor  to  acknowledge  the  receipt  of  your  despatch 
(No  116)  under  date  of  the  20th.  Ulto.  The  despatches  from  this 
department  in  answer  to  those  from  you  duplicates  of  which  were 
brought  by  Capt  Tod,  were  forwarded  by  Gen  Henderson  and  others 
by  Mr.  W  D.  Miller,  the  first  named  gentlemen  having  left  here 
previous  to  the  arrival  of  Capt.  Tod,  and  the  latter  starting  in  com- 
pany with  him.  The  President  having  informed  me  that  he  had 
addressed  you  a  private  communication  by  Capt.  Tod,  and  knowing 
no  definite  and  conclusive  action  could  be  had  by  you  in  reference 
to  the  Treaty  of  annexation  imtill  the  arrival  of  Gen.  Henderson, 
and  also  believing  that  he  would  be  with  you  as  soon  as  Capt.  Tod, 
I  did  not  think  it  necessary  to  forward  any  despatches  or  duplicates 
by  that  Gentleman.  I  regret  the  delay  of  Messrs  Henderson  and 
Miller,  (but  presume  it  to  have  been  in  consequence  of  causes  over 
which  they  had  no  control,)  and  also  the  State  of  impleasant  sus- 
pense in  which  you  have  been  kept  in  consequence  of  the  non-recep- 
tion of  my  dispatches.  Long  before  this  I  trust  Gen.  Henderson 
with  Mr.  Miller  will  have  arrived  at  Washington,  from  whom  as  well 
as  from  the  docimients  they  bore,  you  will  have  recieved  such  infor- 
mation as  will  no  doubt  satisfy  you  the  Department  has  had  no 
intention  to  neglect  the  interesting  matter  in  which  Texas  and  the 
United  States  are  now  engaged  or  anything  which  might  ensure  its 
prompt  and  favorable  issue 

I  should  have  written  you  much  more  at  length  on  the  occasion 
of  the  departure  of  Gen.  Henderson  Mr  Miller  and  by  Capt.  Tod,  but 
deemed  it  imnecessary,  as  the  information  which  those  (jentlemen 
could  give  you  I  presumed  would  be  more  satisfactory  and  more 
full  than  any  communication  which  I  had  time  to  write. 

The  appointment  of  Gen.  Henderson  the  objects  of  his  Mission, 
and  the  secret  act  of  C!ongress  in  relation  to  the  subject  of  annexa- 
tion, have  never  "been  made  public  in  Texas''  (as  you  appear  to 
think  is  the  case)  by  the  authority  of  this  (Jovemment,  or  com- 
municated except  to  those  the  performance  of  whose  duties  required 
they  should  have  the  information.     Gen.  Murphy  was  one  in  this 

a  April  4, 1844.    See  Calendar  of  Correspondenoe  with  the  United  States  in  Part  I. 


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268  AMERICAN  HISTORICAL  ASSOCIATION. 

situation.  The  various  statements  in  newspapers  and  the  aver- 
ments of  letter  writers  to  which  you  allude  have  been  wholly  gra- 
tuitous and  unauthorized  by  this  Department,  and  although  I  may 
very  much  deplore  the  ill  consequences  which  such  publications  and 
statements  may  have,  they  appear  to  be  evils  inseperable  from  the 
perfect  freedom  of  our  institutions.  At  least  this  Department 
cannot  willingly  be  made  responsible  for  such  things.  The  "vials 
of  the  opposition"  in  the  United  States  are  full  of  wrath  I  presume, 
and  that  they  will  "pour  them  out"  in  good  time  is  very  probable 
and  equally  so  whether  my  despatches  reach  you  in  due  time  or  are 
delayed  on  the  road  from  some  casual  or  unavoidable  circumstance 
My  last  despatches  to  you  were  of  the  dates  of  the  25th  Feb.  and 
26th.  Ulto.  the  former  containing  the  final  instructions  to  yourself 
and  Gen  Henderson  in  reference  to  the  Treaty  of  annexation;  the 
latter  transmitting  you  a  copy  of  the  Armistice  concluded  at  Sabinas, 
and  of  certain  correspondence  between  this  Department  and  Capt  C. 
Elliot  H.  B  Ms  Chargfi  d'Aflfaires,  and  also  vesting  yourself  and  Gen 
Henderson  with  discretionary  powers  to  conclude  the  Treaty  for 
Annexation,  upon  the  most  favorable  terms  practicable,  provided 
in  your  good  judgements  those  terms  were  admissible  etc.  etc.  Since 
the  date  of  this  last  despatch  nothing  of  pubUc  interest  has  occurred 
at  this  place  and  no  further  instructions  at  present  are  deemed 
necessary 

I  have  the  honor  to  be 

with  the  highest  respect 
Your  ob  svt 

(Signed)  Anson  Jones 


Houston  to  Jones.** 


Calhoun  to  Van  Zandt  and  Henderson.* 


Jones  to  Van  Zandt. 

Department  of  State 
Washington  [Texas y]  April  12th.  1844 
Hon.  Isaac  Van  Zandt 

Charge  d' Affaires  of  the  Republic  of  Texas 

etc    etc    etc 
Sm, 

I  have  the  honor  to  enclose  herewith  for  the  information  of  your- 
self and  Gen.  Henderson  a  copy  of  a  despatch  just  received  at  this 

a  April  6, 1844.    See  Calendar  of  Correspondenoe  with  the  United  States  in  Part  I. 
»  April  11, 1844.   See  Van  Zandt  and  Henderson  to  Jones,  April  12, 1844. 


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COBBESPONDENCB  WITH  THE  UNITED  STATES.  269 

Department  from  Capt.  Charles  Elliot  H.  B.  Majesty's  Charg6 
d' Affaires  near  this  Government  in  reply  to  one  addressed  him  by 
me  on  the  25th.  Ulto.  a  copy  of  which  had  already  been  sent  you." 
I  have  not  yet  replied  to  this  communication,  but  so  soon  as  the  Presi- 
dent who  is  now  absent  returns  will  do  so,'  when  I  will  forward  you 
a  copy  of  the  reply. 

The  last  communication  from  you  was  of  the  date  of  March  20th. 
I  am  anxiously  waiting  to  hear  of  Gen.  Henderson's  arrival,  at 
Washington  City  and  what  progress  has  been  made  with  the  Treaty 
for  annexation. 

I  have  the  honor  to  be 
with  great  respect 

Your  most  obt.  Svt 

Anson  Jones. 


Van  Zandt  and  Henderson  to  Jones.* 

despatch  No.  119.] 

Texian  Legation, 
WashiTt^gUm  City,  April  l£th,  1844. 
To  the  Hon.  Anson  Jones, 
Sib, 

We  have  the  honor  herewith  to  transmit  to  you,  a  copy  of  the 
treaty  which  we  have  this  day  signed,  with  Mr.  Calhoun,  the  Secre- 
tary of  State  of  the  United  States.*'  We  do  this  hastily,  as  this 
Government  will,  on  Sunday,  despatch  an  express  to  Texas  to  con- 
vey this  and  other  important  intelligence  to  our  Government. 

The  treaty  we  have  agreed  upon,  you  will  readily  see,  is  not  pre- 
cisely such  an  one  as  we  expected  to  make  or  had  a  right  to  wish. 
But,  after  consulting  the  wishes  and  views  of  all  parties  concerned, 
we  agred  to  it  as  the  best  we  could  frame  with  the  prospect  of  its 
ratification  by  the  Senate  of  the  United  States.  Had  we  been  left 
to  consult  the  wishes  and  disposition  of  the  President  and  Cabinet 
of  the  United  States,  we  could  and  would  have  concluded  a  treaty 
much  more  favorable  to  Texas  than  the  one  we  have  signed.  But 
such  was  not  the  case.  We  have  been  compelled  to  consult  the 
views  and  wishes  of  the  two  great  leading  parties  in  the  United 
States — avoiding  on  the  one  hand  the  very  liberal  terms  which  the 
Southern  politicians  would  have  been  willing  to  grant  us  and  the 
restrictions  which  the  North  would  wish  to  impose. 

a  ElUot'8  letter  Is  dated  April  3, 1844,  and  relates  to  the  proposed  armistice  with  Mezioo.  For  both  see 
Correspondenoe  with  Great  Britain. 

»L.8. 

«  SeeU.  8.  Pab.  Docs.,  444,  Doc.  271,  pp.  5-8;  NiUa'  RegUUr,  LXVI.,  149;  New  York  Evening  Pott  fat 
AprU  2e,  1844;  TeUgmpk  and  Texaa  RegitUr  for  Hay  15, 1844. 


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270  AMERICAN  HISTORICAL  ASSOCIATION. 

Texas  has  in  this  case  consulted,  through  her  agents  here,  as  far 
as  she  could  understand  and  reconcile  them,  the  wishes  of  all  parties 
in  the  United  States.  Upon  examination,  reflection  and  consulta- 
tion, we  concluded  that  the  best  mode  of  our  admission  was  as  a 
Territory.  Consequently;  we  did  not  hesitate  to  agree  to  come 
into  the  United  States  in  that  way.  By  the  terms  of  the  treaty, 
you  will  see  that  we  have  the  right  to  claim  the  preservation  of  all 
of  our  property  as  secured  by  our  domestic  institutions  as  well  as 
to  claim  admission  into  the  Union  as  a  state  or  states,  under  the 
provisions  of  the  Federal  constitution  of  the  United  States 

We  have  felt  ourselves  obliged  to  avoid  any  allusion,  directly, 
either  to  slavery  or  boundary,  leaving  the  one  to  the  future  nego- 
tiations of  this  Government,  and  the  other  to  be  governed  by  that 
clause  of  the  treaty  which  secures  to  us  the  right  of  property,  etc., 
which  we  imderstand  to  include  our  right  to  slaves,  as  the  consti- 
tution of  the  United  States  recognizes  that  species  of  property. 
Indeed,  we  have,  as  nearly  as  we  could,  followed  the  language  of  the 
treaties  ceding  Louisiana  and  Florida  to  the  United  States,  in  order 
that  those  precedents  might  be  referred  to,  to  justify  the  language 
used  in  the  present  treaty.  The  manner  in  which  our  present  debt 
is  to  be  paid,  too,  did  not  entirely  meet  our  sanction;  especially  as 
there  is  no  distinction  made  by  the  treaty  between  debts  due  to 
speculators  and  the  debts  due  to  our  own  citizens,  for  civil,  military 
and  naval  service,  or  to  persons  who  generously  furnished  money 
and  supplies  for  our  army  and  navy  when  we  most  needed  them. 
But  it  was  deemed  best  to  accede  to  the  terms  agreed  upon,  in 
order  to  obviate  objections.  The  only  inquiry  with  us  was:  What 
will  the  Senate  of  the  United  States  agree  to?  and  not,  What  can 
we  get  from  the  Executive  of  the  United  States  ?  We  very  much 
wished  to  have  this  Government  pay  the  dues  to  our  army,  navy, 
civil  oflBcers,  etc.,  but  we  feared  the  consequences  of  such  a  provi- 
sion; and  therefore  we  agreed  to  the  terms  inserted  in  the  treaty 
on  that  subject.  The  additional  excuse  is,  that  our  people  will  be 
in  a  great  degree  repaid  by  the  additional  security  given  to  them 
by  the  contemplated  annexation. 

We  fear,  too,  that  the  President  expected  us  to  make  better  pro- 
visions for  Texas  on  the  subject  of  public  schools,  internal  improve- 
ments, etc.,  etc;  but  we  are  sure  that  he  would  have  been  well  satisfied 
of  the  impropriety  of  inserting  any  better  terms,  had  he  been  present 
here. 

You  will  herewith  receive  the  reply  of  Mr.  Calhoun,  made  at  our 
request  to  a  note  addressed  by  your  undersigned  representative, 
I.  Van  Zandt,  to  Judge  Upshur,  upon  the  subject  of  the  assiu*ance  of 
protection  to  Texas  by  the  United  States,  during  the  pendency  of  the 


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COKBESPONDENCB  WITH  THE  UNITED  STATES.  271 

treaty  negotiations.  We  have  no  doubt  that  the  President  of  the 
United  States  will  act  on  this  subject  in  a  way  that  will  fully  meet 
the  views  and  wishes  of  the  President  of  Texas.  We  have  strong 
a^ssurances  of  this.  The  main  body  of  the  army  designed  for  the 
protection  of  Texas,  we  have  agreed,  shall  be  concentrated  and 
stationed  at  Fort  Jesup.  Those  already  at  Fort  Towson,  New  Orleans, 
and  other  places,  near  Texas,  will  remain  where  they  now  are;  and 
it  is  imderstood  and  agreed  that  the  President  of  Texas  shall  at  once 
open  communications  with  the  commanding  officers  at  each  station, 
so  as  to  give  them  the  earliest  possible  news  of  any  hostile  demonstra- 
tions on  the  part  of  Mexico.  The  Secretary  of  State  of  the  United 
States  will  superintend  the  issuance  of  orders  to  the  different  officers  in 
command  at  the  several  stations  above  alluded  to;  which  instructions 
we  are  assured  will  be  such  as  to  meet  the  wishes  of  our  Government 
fuUy.^   . 

As  it  is  not  certain  that  the  Senate  of  the  United  States  will  ratify 
the  treaty  which  we  have  signed,  the  President  of  the  United  States 
assured  us,  before  we  agreed  to  sign  and  submit  it,  that  he  would, 
immediately  upon  its  rejection  by  that  body,  should  it  be  so  disposed 
of,  send  to  both  Houses  of  Congress  a  message,  recommendiog  to  them, 
in  the  strongest  terms,  the  passage  of  a  law  annexing  Texas  os  a  state, 
xmder  that  provision  of  the  constitution  of  this  Government,  which 
authorizes  Congress  to  admit  new  states  into  the  Union.  The  history 
of  the  debates  and  proceedings  of  the  convention  which  framed  that 
constitution  prove  beyond  doubt  that  Congress  has  such  power. 
And  it  is  confidently  believed  by  the  friends  of  Texas  in  the  Congress 
of  the  United  States,  that  such  a  law  can  be  passed.  It  was  imder 
this  view  of  the  case  that  we  agreed  to  frame  the  treaty  and  submit 
it  to  the  Senate  of  the  United  States,  imder  such  doubful  chances  for 
its  ratification  by  that  body,  believing  that  this  course  will  be  fully 
approved  by  the  President  of  Texas. 

You  will  observe  that  we  have  fixed  the  tkne  iu  which  the  exchange 
of  the  ratification  of  the  treaty  is  to  be  made,  at  six  months,  which 
will  render  it  necessary  for  the  Senate  of  the  United  States  to  act 
definitely  on  it  during  the  pres^it  session  of  Congress,  and  not  leave 
them  at  liberty  to  delay  that  action  until  next  winter,  which  many  of 
the  Senators  wish  to  do,  and  probably  would  do,  if  the  time  given  by 
the  treaty  permitted  it.  We  would  respectfully  suggest  to  you  and 
through  you  to  the  President,  the  propriety  of  delaying  any  action  on 
the  part  of  our  Senate,  imtil  after  the  treaty  shall  have  been  ratified 
on  the  part  of  the  Senate  of  the  United  State,  as  there  is  some  doubt 
of  its  ratification  here. 

The  assurance  has  been  given  to  us  by  Mr.  Calhoim,  verbally, 
which  we  reduced  to  writing  in  his  presence  and  by  his  consent  and 


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272  AMERICAN  HISTORICAL  ASSOCIATION. 

then  read  them  [sic]  over  to  him.  They  are  as  follows,  to'witl 
A  powerful  naval  force,  to  consist  of  ten  or  twelve  vessels,  will  be 
ordered  to  the  gulf  of  Mexico,  the  commander  of  which,  Capt.  Conner,^ 
will,  upon  any  serious  demonstration  being  made  by  water  by  Mexico 
against  Texas,  inform  the  Mexican  commander  that  any  attack  upon 
Texas  will  be  considered  as  a  hostile  act,  and  the  Executive  will  feel 
himself  bound  to  use  every  means  to  repel  it — that  the  old  division 
as  established  by  Mr.  Calhoun  as  Secretary  of  War,  extending  from 
Florida  Point  to  the  Southern  extremity  of  Lake  Michigan,  has  been 
restored,  and  (Jen.  Gaines  been  put  in  command  of  the  Western  Divi- 
sion and  ordered  to  take  up  his  head  quarters  at  Fort  Jesup,  who  will 
receive  similar  orders  as  to  any  demonstration  by  land,  to  those  given 
to  the  naval  commander  as  to  a  demonstration  by  sea,  and  that  he  and 
the  Chargfi  d'Aflfaires  will  keep  up  an  active  correspondence  with  the 
President  of  Texas ;  and  if  they  should  receive  any  communication  from 
him,  which  he  conceives  threatens  any  serious  intention  upon  the 
part  of  Mexico  to  invade  Texas  by  land,  they  or  either  of  them  shall 
forthwith  despatch  the  same  to  Washington  City,  by  express — that 
the  President  will  in  that  event  send  a  message  to  Congress,  informing 
them  of  the  fact,  and  request  Congress  to  adopt,  as  speedly  as  possible, 
such  measures  as  may  be  necessary  for  the  defence  of  Texas;  and  if 
the  emergency  should  require  it,  to  say  in  his  message  that  he  would  in 
the  meantime  consider  it  his  duty  to  defend  Texas  against  aggression, 
and  will  accordingly  do  so. 

In  addition  to  the  above,  we  received  the  accompanying  answer 
from  Mr.  Calhoun  to  the  communication  above  alluded  to;  which  is 
communicated  confidentially. 

Mr.  Calhoun  expressed  to  us  the  wish  of  the  President  of  the  United 
States,  that  we  should  inform  the  President  of  Texas  that  it  is  his 
desire  that  Texas  shall  herself  repel  any  light  attempt  on  the  part  of 
Mexico  to  make  war  upon  her  frontier,  and  not  call  on  the  United 
States  to  render  the  promised  aid  unless  the  demonstration  made  by 
Mexico  should  be  such  as  Texas  could  not  easily  repel.  This  we 
promised  to  do,  and  at  the  same  time  assured  Mr.  Calhoun,  that  the 
wishes  of  the  President  of  the  United  States  would  be  complied  with 
by  the  President  of  Texas. 

Much  more  passed  between  Mr.  Calhoim  and  ourselves  on  this  sub- 
ject, calculated  to  assure  us  that  everything  would  be  done  hy  the 
United  States  to  protect  Texas  from  the  aggressions  of  Mexico,  but 
which  we  cannot  now  mention. 

Gen.  Gaines  will  soon  be  at  Fort  Jesup,  ready  to  receive  any  intel- 
ligence which  the  President  of  Texas  may  have  to  communicate  in 
regard  to  the  movements  of  Mexico,  and  to  move  into  Texas  at  any 


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C50BBESPONDBNCB  WITH  THE  UNITED  STATES.  273 

time,  by  the  permission  of  the  President  of  Texas,  when  it  may  be 
deemed  advisable. 

We  have  the  honor  to  be 
your  obt.  servts., 

IsAAO  Van  Zandt 
JPiNCKNEY  Henderson 
P.  S. 

That  portion  of  the  foregoing  despatch  which  is  obliterated  was 
done  by  the  request  of  Mr  Calhoun  upon  the  same  being  read  to 
him  by  us.<* 

I.  V.  Z. 
J.  P.  H. 

[Next  come  copies  of  the  following:  Van  Zandt  to  Calhoim,  April 
1,  1844,  asking  an  interview  to  present  the  credentials  of  Special 
Agent  Henderson,  who  has  been  sent  to  cooperate  with  Van  Zandt 
in  negotiating  for  annexation;  Van  Zandt  to  Upshur,  January  17, 
1844;*  Calhoun  to  Van  Zandt  and  Henderson,  April  11,  1844.] 


Murphy  to  Jones.*= 


Murphy  to  Secretary  of  State  [Calhoun]  .<* 


Houston  to  Jones .*^ 


Van  Zandt  and  Henderson  to  Calhoun .« 


Houston  to  Henderson  and  Van  Zandt/ 

[The  fragment  of  this  letter  omitted  in  printing  it  is  as  follows:] 

A  diplomatic  agent  may  eat  and  sleep  enough  for  health,  and 

may  drink  generously  with  the  Diplomatic  Agents  of  other  countries, 

a  The  part  marked  out  is  the  first  part  of  the  paragraph  following  that  which  ends  with  the  words  "its 
ratification  here."    It  runs  as  follows: 

"Since  writing  the  above  we  have  had  an  interview  with  Mr.  Calhoun,  at  his  request,  during  which 
he  informed  us  that  the  President  of  the  United  States  had  directed  him  to  make  a  more  full  verbal  assurance 
In  regard  to  the  required  protection  that  his  Govenunent  would  grant  to  Texas  the  protection  required 
than  he  would  like  to  make  in  writing;  and  as  the  reasons  he  assigned  were  satisfactory,  we  concurred  in 
his  views  in  that  regard.    In  addition  to  the  foregoing  the  assurance  has  been  given, "  etc. 

»  For  this  letter  and  the  next,  see  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

c  April  12, 1844.    See  Calendar  of  Conespondence  with  the  United  States  in  Part  I. 

d  April  14,  1844.    See  Calendar  of  Conespondence  with  the  United  SUtes  in  Part  I. 

c  April  15,  1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

/  April  16, 1844.  See  Calendar  of  Correspondence  with  the  United  Staitee  in  Part  I.  A  tmosoript  is  in 
the  Records  of  Department  of  ^tate  (Texas),  Book  44,  pp.  20^-308. 

39728^— VOL  2,  pt  1—11 ^18 


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^74  AMEBIGAK  HISTOBICAL  ASSOCIATION. 

provided,  he  can  induce  them  to  take  two  glasses  to  his  one.  Men 
are  fond  to  be  thought  knowing,  as  well  as  wise,  and  when  listened 
to  with  attention,  frequently  impart  knowledge.  You  can  instruct 
much,  by  the  course  intimated. 


AOBEEMENT  OP  DaSHIELL  WITH  EdDY  AND  MoSS.** 


Murphy  to  Jones.* 


Houston  to  Jones. <^ 


CoBfPLAiNT  OP   Eddy  and  others  against  the  Collector  at 
Sabine  Pass  [Dashiell.]^ 


Proceedinos  op  Court  of  Inquiry  in  Case  of  Cooke.« 


WiLKiNS  TO  Calhoun.-^ 


Raymond  to  Jones. ^ 


Peyton  to  Cuoullu.* 


CucuLLU  to  Spencer.* 


Houston  to  Van  Zandt  and  Henderson.' 

Houston  ^9th.  April  1844- 
To  Hon.  Isaac  Van  2iANDT 

and  Genl.  J.  P.  Henderson 
Gentlemen, 

Last  night  I  received  the  Treaty  by  Express,  and  the  despatches 
accompanying  it.    They  were  all  perused  with  intense  solicitude.     I 

a  April  17,  1844.    See  Donelson  to  Jones,  December  2, 1844. 

h  April  17,  1844.    See  Calendar  of  Coirespondenoe  with  the  United  States  in  Part  I. 

c  April  20,  1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

'  April  23, 1844.    See  Donelson  to  Jones,  December  2, 1844. 

«  April  24, 1844  (extract).    See  Van  Zandt  to  Jones,  August  16, 1844. 

/  April  24,  1844.    See  Van  Zandt  to  Jones,  August  16,  1844. 

9  April  24,  1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

A  April  26, 1844.    See  Donelson  to  Jones,  December  2, 1844. 

i  See  Records  of  Department  of  State  (Texas),  Book  44,  p.  208. 


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C50BBESPONDBNCB  WITH  THE  UNITED  STATES.  275 

read  the  note  of  Mr.  Van  Zandt  to  Mr.  Upshur,  dated  January  *  last, 
and  the  reply  of  Mr.  Calhoun  to  that  note.  *  It  does  not  embrace  the 
guarantee  as  fully  as  was  contemplated.  If  annexation  should  fail 
for  a  want  of  action  on  the  part  of  the  U.  S.,  we  are  without  any 
security  against  the  consequences  which  may  result  to  Texas,  in 
consequence  of  opening  negotiations  upon  the  subject  of  annexation. 
Their  obligations  continue  during  the  pendency  of  the  negotiations. 
If  negotiation  fails,  our  file  is  uncovered,  the  enemy  may  charge 
through  our  ranks,  and  we  have  no  reserve  to  march  up  to  our  rescue. 
It  seems  to  me  that  after  the  arrival  of  Genl.  Henderson,  a  direct 
application  should  have  been  made  to  the  Govt,  of  the  U.  S.  in 
accordance  with  the  agreement  between  the  Secretary  of  State  and 
Qeni.  Murphy,  their  fully  accredited  agent.  However  this  has  not 
been  done.  'Tis  well  enough,  we  cannot  go  back,  and  therefore  we 
must  march  forward  with  decisive  steps. 

The  Treaty  is  well  in  this  respect,  that  Texas  is  to  become  a  terri- 
tory of  the  U.  S.  if  annexed.  It  cannot  be  ascertained  that  we  have 
the  ratio  of  population  required  to  entitle  us  to  be  represented  in  the 
Congress  of  the  U.  S.  as  a  State.  We  have  no  Constitution  to  present 
to  the  Govt,  of  the  U.  States  in  conformity  with  the  Federal  Consti- 
tution. And  I  would  be  extremely  sorry  if  we  have  to  become  a  part 
of  the  U.  S.  that  the  sacred  principles  of  that  instrument  should  ever 
be  perverted  to  expediency,  for  I  maintain  that  great  principles  are 
always  in  danger  of  subversion  from  that  licentious  and  profligate 
political  plea.  Statesmen  will  never  call  it  to  their  aid.  Politicians 
and  Demagogues  will  always  carp  upon  it. 

I  have  felt  and  yet  feel  great  solicitude  for  our  fate.  The  crisis  to 
Texas  is  everything.  To  the  U.  S.  it  is  worth  its  Union.  My  toil 
has  constantly  been  for  the  freedom  and  happiness  of  mankind,  and 
if  we  are  annexed,  I  shall  hope  we  have  accomplished  much,  but  if 
from  any  cause,  we  should  be  rejected,  we  must  redouble  our  energies, 
and  the  accompanying  duplicate  will  express  to  you  decisively  what 
my  purposes  are.  Texas  can  become  Sovereign  and  independent, 
founded  upon  her  own  incalculable  advantages  of  situation,  and  sus- 
tained by  European  influences  without  the  slightest  compromittal  to 
her  nationality.  If  the  present  measure  of  Annexation  should  fail 
entirely,  and  we  are  to  be  thrown  back  upon  our  own  resources,  fitx 
your  eye  steadily  on  the  salvation  of  Texas,  and  pursue  the  course 
which  I  have  indicated.  I  again  declare  to  you  that  every  day  which 
passes  only  convinces  me  more  clearly  that  it  is  the  last  effort  at 
Annexation  that  Texas  wiU  ever  make,  nor  do  I  believe  that  any 
solicitation  or  guarantee  from  the  U.  S.  would  at  any  future  day 
induce  her  to  consent  to  the  measure. 

a  17th.  >  April  11. 


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276  AMERICAN  HISTOBICAIi  ASSOCXATIOV. 

The  most  careful  attention  will  be  rendered  to  the  armaniMit  pro- 
posed by  the  Govt,  of  the  U.  S.  and  direct  communieation  maintained 
with  the  Representatiye,  Q&ol.  Murphy,  with  whojn  I  am  highly 
satisfied.  This  (jovt.  wiU  be  as  careful  not  to  permii  sli^t  grouncte 
to  produce  alarm,  or  caU  in  acquisition  their  forces,  m  though  it  had 
to  rely  upon  its  own  resources  to  vepeL  an  invadu^  enmmj. 

It  is  possible  that  the  publications  respecting  the  anaistice  may 
have  produced  some  effect  in  Washington:  therefore,  it  is  fiA  that  you 
should  understand  the  subject  exj^itly. 

In  the  instructions  to  our  Commissioners  they  were  aaeuired  thaat 
no  agreement  would  have  a  binding  effect  until  it  was  referred  to  the 
President,  and  had  his  approve.  That  ajq^uoyal  never  has  been 
given  to  it.  Nor  has  any  action  been  taken  in  conforsuty  with  its 
stipulations.  One  reason  was  alkuffieient  to  cause  its  rejectioa. 
Referring  to  Texas  as  a  Department  of  Mexico,  precluded  all  possi- 
bility of  any  official  transactions  under  it. 

The  Commissioners  were  excusable,  because  by  signing  it  they 
obtained  a  safe  convoy  out  of  the  country,  which  might  not  have 
been  the  case  if  they  had  refused  their  assent  to  the  conditions.  They 
were  both  well  acquainted  with  Mexican  faith  and  Mexiean  perfidy, 
and  would  have  been  unwise  to  place  any  confidence  in  their  pledges, 
when  interest  might  have  induced  their  violation. 

This  despatch  is  written  because  several  days  would  elapse  before 
an  express  could  reach  Washington  and  return.  It  would  at  least 
delay  communications  a  fortnight.  Therefore  as  the  Jouainese  is 
important  I  do  not  care  about  official  formality,  tibe  aubstaooe  is  what 
I  am  now  after,  and  for  that  reasota  I  write. 
I  have  the  honor  to  be,  Oentlemea, 
Your  Very  Obt.  Servt. 

Sah  Houston. 


Houston  to  Jones  .« 


MuBPHY  to  Calhoun.® 


Norton  to  Calhoun.« 


Jones  to  Van  Zandt  and  Henderson. 

Department  of  Statb 
Wuahinjfim  [Tex€s,]  May  id  1844 
Gentlemen, 

The  ''Armistice"  so  called  signed  by  Commissioners  of  this  Govern- 
ment and  those  of  Mexico  having  been  published  it  has  been  thought 

aAprU29,lM4.   See  Calflodar  of  CorreBpondeaoe  with  the  United  StatM  tn  Part  L 


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CX)BBE8P0NDE1TCB  WITH  THE  UNITED  STATES.  277 

expedient,  to  furnish  ytm  with  the  enclosed  documents,  m  order  that 
you  may  be  better  enabled  to  meet  and  obviate  any  difficulties  which 
might  be  thrown  in  the  way  of  a  ratification  of  the  Treaty  lately  con- 
cluded by  you,  in  consequencerof  such  publication  In  my  despatch 
of  the  25th  of  March  ^  enclosing  you  a  copy  of  the  proposed  Armistice 
I  explained  "that  it  was  only  understood  as  a  proposal,  by  our  com- 
missioners, and  that  the  President  had  not  thought  prop^  to  accede 
to  it".    It  was  promptly  rejected. 

By  the  enclosed  copies  of  instructions  given  to  our  C<Hnmissioneiis^ 
you  will  perceive  they  had  in  fact  no  authority  to  agree  to  any  stipu- 
lations acknowledging  the  sovereignty  of  Mexico  or  that  Texas  was 
to  be  viewed  as  a  ''Department"  of  that  country.  On  the  contrary 
har  entire  and  absolute  indepesideaGe  was  to  be  in  no  HMiiner  affected 
by  any  arnungemeBit  which  eur  commissioners  had  power  to  make. 
The  enclosed  copy  of  the  Draft  of  an  armistice  ^  whioh  with  the  ex- 
ception of  a  single  point  was  agreed  upon  by  tiie  Comjuissioners  of  the 
two  countries,  and  the  conclusion  of  which  was  prevented  in  conse- 
quMice  of  the  steps  taken  by  ilke  Umted  States  in  relation  to  annexa- 
tion, will  give  you  all  the  further  information  neoessary  to  place  the 
subject  in  its  proper  light  before  ihe  Govt  of  the  United  States. 
I  have  the  honor  to  be 

Gentlemen 
with  the  highest  respect 
your  most  obt  Svt 

Signed  Anson  Jonos 

To  the 

Hon.  Isaac  Van  Zandt 

and 
The  Hon.  J.  Pincensi  Hbndbbson 

Mmisters  of  Texas  to  the  U.  S. 

eic  etc  etc 

Washington. 

Calhoun  to  Prbsidbnt  of  United  Statbs  [Ttleb].' 


Houston  to  Mubfhy.* 


Houston  to  Jonbs./ 


a  The  26th. 

^Thne  lnstfattions  b&ve  not  b6en  found. 

eSwCatondar. 

4Uaj  2,lHi.   Sm  Calendar  of  Correspondoiee  with  the  Untted  States  in  Fart  I. 

«  May  6|  1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

/Ha79,18#4.   See  Oyendar  of  CorreqMntaioe  with  the  United  Statsi in  Part  I. 


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278  american  histobical  association. 

Houston  to  Van  Zandt  and  Henderson.^ 

City  of  Houston,  May  10th.  1844- 
Messrs.  I  Van  Zandt 

and 
J.  PiNCKNEY  Henderson 

etc.  etc.  etc. 
Gentlemen, 

I  had  contemplated  the  arrival  of  Dr.  Jones  here  before  this  time, 
but  he  has  written  to  me  that  he  was  quite  indisposed,  and  not  able 
to  come. 

This  point  being  more  convenient  than  any  other  in  Texas  for  the 
conducting  of  a  correspondence  abroad, — I  have  preferred  it,  until 
our  matters  have  assumed  some  definite  shape,  and  the  question  of 
annexation  decided.  By  this  time,  I  presume  it  is  ascertained  what 
will  be  the  result. 

The  U.  S.  Steam  vessel  Foinset  touched  at  Qalveston  on  its  way  to 
Vera  Cruz,  and  through  Genl.  Murphy  I  received  some  unofficial 
intelligence.  Rumor  says  that  the  object  of  Mr.  Thompson's  visit 
to  Mexico,  is  to  settle  definitively  the  boimdary  line  between  the  two 
countries,  and  that  the  U.  S.  is  about  to  acquire  a  large  portion  of  the 
Califomias,  and  settle  the  boundary  of  Texas  to  suit  themselves. 

I  learn  imofficially  from  Corpus  Christi,  by  rumor,  that  some  8  or 
10  Mexican  Soldiers  have  been  killed  at  that  place,  who  came  in  for 
the  purpose  of  suppressing  smuggling  into  Mexico,  from  that  point. 
Thus  you  see  our  people  must  be  doing  some  little  mischief.  We 
must  always  enjoy  some  agreeable  excitement,  or  things  will  not  go 
very  well. 

You  will  find  that  the  Sec'y  of  State  has  addressed  a  despatch  to 
the  Legation  at  Washington,  touching  the  subject  of  the  Annistice,* 
which  I  took  the  liberty  of  opening,  and  find  with  pleasure  that  it 
contains  the  intelligence  that  was  proper  for  you  to  have  at  this 
time.  I  did  not  deem  it  necessary  to  take  any  action  upon  the 
agreements  signed  by  our  Coms.  further  than  to  reject  it  silently. 
I  suppose  that  Santa  Anna  would  calculate,  as  a  matter  of  course, 
that  some  action  would  take  place  under  it,  and  consequently,  that 
we  would  gain  time  by  silence.  You  will  perceive  from  the  instruc- 
tions given  to  our  Coms.  that  I  had  never  changed  my  principles  or 
opinions  in  relation  to  Texas,  since  1836.  I  then  made  the  fijrst 
suggestion  in  relation  to  its  boundary  as  an  Independency,  that  ever 
had  been  made,  and  for  your  information  I  transmit  to  you  a  paper, 
containing  a  letter  of  mine  on  the  subject  to  Genl.  Rusk,  then  Sec'y 
of  War,  after  the  Battle  of  San  Jacinto,^  which  if  you  should  think 

a  See  Records  of  Department  of  State  (Texas),  Book  44,  p.  211. 

»  Dated  May  2. 

c  Neither  ttie  paper  oontaliiloc  this  letter  norany  copy  of  the  letter  Itself  has  been  foand. 


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COBBBSPONDENCB  WITH  THE  UNITED  STATES.  279 

proper,  as  it  might  have  some  influence  in  settling  the  public  mind 
in  relation  to  some  points  embraced  in  it,  you  can  have  republished. 
Had  the  advice  which  it  contains  been  carried  out,  another  blow 
would  never  have  been  struck,  or  a  gun  fired  by  the  enemy  in  Texas. 

I  take  the  liberty  of  enclosing  to  you  a  copy  of  a  letter  addressed 
to  Genl.  Murphy  some  days  since.**  It  was  private,  and  when  I 
commenced  it,  I  had  no  expectation  of  making  more  than  an  ordinary 
friendly  note.  The  boat  leaving  before  I  was  aware  of  it,  induced 
me  to  extend  it  to  the  capacity  of  a  letter  of  some  length;  and  I 
thought  it  probable  that  he  might  upon  reflection,  forward  it  to  lus 
Govt.  It  contains  some  speculations  which  might  have  more  or  less 
influence  on  the  subject  of  annexation.  The  Statesmen  of  the 
United  States  doubtless  have  viewed  the  subject  in  all  its  bearings, 
and  will  not  derive  any  light  from  suggestions  of  mine.  I  desire  to 
keep  you  advised  of  everything,  no  matter  how  unimportant  it  may 
seem,  generally. 

If  further  negotiations  have  to  take  place  with  the  Govt,  of  the 
U.  S.,  from  the  cramped  condition  of  our  means,  it  will  be  proper  to 
transfer  them  to  Texas.  The  reason  will  be  manifest  in  our  want  of 
funds  to  support  our  agents  abroad. 

Since  I  have  had  time  to  reflect  upon  the  provisions  of  the  Treaty, 
I  begin  to  entertain  some  apprehension  that  our  Senate  may  not  be 
disposed  to  ratify  it.  It  strikes  me,  that  the  conditions  are  not  quite 
liberal  to  Texas.  I  do  not  allude  to  that  part  of  the  Treaty  that 
would  admit  us  as  a  Territory,  for  I  am  satisfied  that  we  cannot  go 
into  the  Union  on  any  other  terms  agreeably  to  the  Federal  Consti- 
tution of  the  United  States. 

The  Assumption  of  our  debts  by  the  U.  S.,  is  a  very  trifling  item, 
and  as  the  liabiUties  were  mostly  incurred  on  the  principle  of  equiva- 
lents, the  whole  debt  will  not  amount  to  5  Millions.  All  our  10  pr  ct 
bonds,  as  well  as  I  am  advised  were  issued  at  6  for  1.  I  think  the 
principle  of  equivalents  was  estabUshed  in  the  early  part  of  1839, 
and  the  depreciation  was  pretty  rapid  imtil  the  close  of  Lamars 
Admn.,  when  Red  backs  were  issued  at  8  for  1.  Thus  you  will  per- 
ceive tiiat  the  U.  S.  would  not  in  equity  be  boxmd  to  redeem  the 
liabiUties  of  Texas  at  a  higher  rate  than  what  they  were  issued.  This 
will  very  much  reduce  the  seeming  amoimt  of  debt  owing  by  Texas, 
and  the  dates  of  the  several  issues  as  well  as  the  equivalents,  can  be 
ascertained  with  great  accuracy.  These  are  suggestions  which  I  have 
not  made  to  the  public,  nor  do  I  intend  that  they  shall  be  [so  made]; 
so  you  wiU  perceive  that  the  U.  S.  will  realize  everything  from  the 
Treaty  while  Texas  will  derive  very  little.  To  day  I  expect  to  go  to 
Galveston,  and  perhaps  may  remain  there  \mtil  the  arrival  of  the 
Neptime.    I  will  have  constant  care  to  our  affairs  imtil  they  eventu- 


a  May  6, 1844.    See  Calendar  of  Correspondenoe  with  the  United  States  In  Part  L 


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280  AMEBICAK  HI8T0BI0AL  ASSOCIATION. 

ate.  I  will  take  care  that  you  have  some  funds  forwarded  forthwith, 
and  furnish  you  with  all  information  that  may  be  of  importance  to 
you  in  conduct  of  our  affairs.  E[eep  the  Qov t.  here  advised  by  every 
mail  of  all  passing  events.  Always  sleep  with  one  eye  open.  Do 
the  best  you  can. 

I  have  the  honor  to  be 
Your  Obt.  Servt. 

Sam  Houston. 

Van  Zandt  to  Jones.* 
Despatch  ISO 

Legation  op  Texas 

WoiUnffton,  D  C 

Jfey  nth  1844 
Hon  Anson  Jonbs 

etc  etc  etc 
Sib 

I  have  the  honor  to  acknowledge  the  receipt  of  your  despatches  of 
the  26th  of  March  and  of  the  6th  and  12th  of  April 

The  question  of  annexation  is  creating  great  excitement  here  and 
generally  throughout  the  Union.  The  fate  of  the  treaty  is  of  course 
imcertain  the  indications  are  however  decidedly  against  tiie  ratifica- 
tion 

Nothing  can  change  the  scale  but  the  fear  of  its  controlling  and 
overpowering  weight  with  the  people.  ThOTe  is  now  an  evident  reac- 
tion in  public  sentiment  in  favor  of  annexation,  the  current  which 
seems  to  swell  as  it  advances  bids  fair  to  sweep  down  its  opponents. 
If  the  treaty  should  be  rejected  in  time  before  the  adjournment  a  joint 
action  will  be  had  in  the  form  of  [a]  bill.  It  is  to  be  feared  however 
that  there  will  not  be  time  to  affect  anything  during  the  present  ses- 
sion. I  shall  continue  to  hold  the  language  that  the  decission  of  the 
present  Congress  will  be  final  and  thereby  endeavor  to  force  the  two 
Houses  to  carry  out  the  joint  action. 

Mr.  Van  Buren  will  likely  be  set  aside  and  a  new  nomination  made 
by  the  democratic  party.  If  so  and  a  proper  candidate  is  selected 
who  can  go  before  the  people  on  the  Texas  issue  the  triumph  I  think 
will  be  certain.  The  news  from  all  quarters  of  the  union  upon  the 
subject  is  of  the  most  encouraging  charactar.  Whether  the  question 
can  be  delayed  should  the  treaty  be  rejected  is  a  matter  for  the  decis- 
sion of  the  President.  We  shall  at  least  be  the  gainers  by  the  efforts 
now  made.  Great  Britain  is  becoming  more  anxious  and  conse- 
quently would  make  greater  exertions  now  than  before  in  our  behalf. 

I  enquired  of  Mr  Calhoim  whether  Great  Britain  or  France  had 
protested  against  annexation  to  this  government  he  replied  they  had 

aA.L.8. 


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C50RBESP0NDENCB  WITH  THE  UNITED  STATES.  281 

not.  England  as  you  see  by  the  correspondence  which  has  been  made 
public  disclaims  any  intention  of  an  improper  interference  with  our 
affairs. 

I  remain  with  great  regard 
Your  most  obt  sert 

Isaac  Yak  Zanbt. 

P.  S.  Two  Despatches  from  Genl  Houston  have  been  received  by 
Genl  Henderson  and  myself.**  I  am  exceedingly  gratified  that  the 
terms  of  the  armistice  -were  rejected  by  him.  It  has  done  us  much 
injury  but  I  hope  its  evil  effects  wiU  now  be  fully  counteracted  by 
the  disclaimer 

Truly  yours,  *  Van  Zandt 

Calhoun  to  Van  Zandt  and  Hendisson.^ 


Van  Zandt  and  Hendsbson  to  Cai^oun.* 


Calhoiw  to  Pbbsident  op  Unitbd  States  [Ttlbb].*' 


Houston  to  Van  Zandt  and  Henderson.^ 

City  of  Houston,  May  17th.  1844* 
To  The  Hon.  Isaac  Van  Zandt 
and 
The  Hon.  J.  P.  Hendebson 
Gentlemen, 

Intelligence  which  your  last  communications  brought  to  me,  seems 
adverse  to  the  calculations  which  were  made  when  Genl.  Henderson 
was  accredited  to  the  U.  S.  If  truly  that  Govt,  is  not  disposed  to 
consummate  the  plan  of  annexation,  it  would  seem  useless  for  him 
longer  to  remain  at  the  Court  of  Washington.  Whatever  the  desires 
of  this  Govt,  or  the  people  are,  or  might  have  been  in  relation  to 
annexation,  I  am  satisfied  that  they  are  not  ambitious  at  this  time, 
nor  will  ever  be  again  to  be  seen  in  the  attitude  of  a  bone  of  conten- 
tion, to  be  worried  or  gnawed  by  the  influence  of  conflicting  poli- 
ticians. The  views  of  the  Executive  of  this  coimtry,  as  well  as  its 
citizens,  were  fairly  presented  in  a  willingness  to  become  annexed  to 

•  One  of  these  must  have  been  that  dated  April  1&    The  other  may  possibly  hiffe  been  tiMt  of  April  39^ 
bat  the  interval  is  rather  short  for  this  letter  to  have  reached  Washington, 
fr  Hay  15, 1844.    See  Van  Zandt  and -Henderson  to  Jones,  May  26, 1844. 
«Hayl«,1844.    See  Vmi  Zandt  and  HendeiBon  to  Jones.  May  9S,  1844. 
<Mayl6, 1844.   See  Calendar  of  Comspondenoe  with  the  United  States  In  Part  L 
«  See  Records  of  Department  of  Stats  (Texas),  Book  44,  pp.  919-204. 


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282  AMEBICAN  HISTORICAL  ASSOCIATION. 

the  U.  S.  And  though  the  advantages  presented  to  the  U.  S.  were 
incalculably  greater  than  those  resulting  to  Texas,  she  was  willing  to 
stand  the  hazard  of  the  adventure. 

The  statesmen  of  that  country  appear  to  be  united  in  opinions 
adverse  to  our  admission  into  the  Union  of  the  North.  We  must 
therefore  regard  ourselves  as  a  nation  to  remain  forever  separate.  It 
would  be  unpleasant  for  us  to  enter  into  a  community  as  a  member 
where  we  should  be  regarded  ungraciously  by  either  of  the  political 
parties.  Texas  alone  can  well  be  sustained,  and  no  matter  what  sin- 
cere desire  we  may  have  entertained  for  a  connection  with  that 
Govt.,  and  the  affectionate  enthusiasm  that  has  existed  in  this  towards 
it,  we  will  be  compelled  to  reconcile  ourselves  to  our  present  condi- 
tion, or  to  assume  such  attitude  towards  other  coimtries,  as  will  cer- 
tainly look  to  our  Independence.  This  can  be  atccomplished  if  the 
U.  S.  will  carry  out  the  pledges  which  they  have  already  given.  The 
compromittal  of  our  national  honor  I  cannot  apprehend,  nor  would  I 
entertain  any  proposition  which  could  be  adverse  to  our  character  as 
an  Independent  Nation;  but  Texas  can  now  command  interests 
which  will  require  no  such  sacrifice.  We  must  act!!  You  Gentn. 
will  be  advised  by  the  former  communications  from  this  Govt,  and 
act  in  accordance  with  them.  It  would  seem  from  the  complexion 
of  matters  at  Washington,  that  Genl.  Hendersons  remaining  there 
longer  would  be  unnecessary.  As  indicated  in  my  last  communica- 
tion, negotiations  can  be  very  well  conducted  at  this  Govt,  not 
designing  to  cast  any  reflections  upon  the  representatives  of  this 
Govt,  at  Washington  in  whom  the  executive  has  the  highest  confi- 
dence. Moments  of  leisure  could  be  employed  here,  and  even  hours 
and  days  commanded,  which  is  not  permitted  when  urgent  despatches 
arrive.  The  locality  of  our  Seat  of  Govt  is  such,  that  the  Executive 
has  had  to  substitute  himself  in  correspondence  for  the  Sec'y  of 
State,  and  dispense  with  the  services  of  that  valuable  officer,  for  the 
sakeof  despatch.    To  morrow  I  intend  to  leave  here  for  the  Seat  of  Govt. 

Genl.  Henderson  will,  previous  to  leaving  Washington  City,  in 
company  with  Mr.  Van  Zandt  who  will  remain  at  that  court,  wait 
upon  the  Executive,  Mr.  Tyler,  and  assure  him  that  this  govt,  relying 
upon  the  pledges  given  by  that  Govt,  will  confidently  expect  that  no 
molestation  to  Texas  by  Mexico  wiU  be  permitted,  or  the  aids  already 
ordered  withdrawn,  without  the  consent  of  this  Govt.  The  measure 
of  annexation  having  been  taken  up  at  the  instance  of  the  U.S., ought 
to  secure  Texas  and  fortify  her  by  the  U.  S.  against  all  inconvenience 
arising  from  having  opened  negotiations  upon  that  subject.  The 
Treaty  having  been  signed  and  submitted  to  the  Senate  is  all  that 
can  be  performed  on  the  part  of  Texas.  Further  solicitation  on  her 
part  would  present  her  as  an  object  of  commisseration  to  the  civilized 
world.  If  the  embarrassments  of  our  condition  have  presented  us 
in  a  humiliating  posture,  and  we  have  to  brook  mortification  it  fur- 


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OOBRESPONDENCE  WITH  THE  UNITED  STATES.  283 

niahes  no  excuse  to  us  for  voluntary  degradation.  Therefore  it  is 
that  my  purpose  is  fixed  in  relation  to  the  subject  of  which  I  have 
treated.  The  desires  of  the  people  of  Texas,  with  my  love  of  repose — 
(this  far  I  am  selfish)  had  determined  me  in  favor  of  annexation. 
My  judgment  though  rendered  subservient  to  their  inclinations  and 
my  own,  has  never  fully  ratified  the  course  adopted.  Yet  in  aU 
good  faith  I  have  lent  and  afforded  every  aid  to  its  consummation. 
I  have  the  honor  to  be,  Gentlemen, 
YoiirMostObt.  Servt. 

Sam  Houston. 

MuBPHY  TO  Jones.** 


Van  Zandt  and  Hendebson  to  Jones.* 

Dispatch  121. 

Legation  op  Texas 
Washington  D.  0.  May  26. 1844 
Hon  Anson  Jones 

Secretary  of  State 
Deab  Sib 

We  have  the  honor  to  acknowledge  the  receipt  of  your  dispatch 
of  the  2d.  Inst.,  with  the  enclosures  concerning  the  Armistice,  and 
also  a  dispatch  from  the  President  dated  the  10th  Inst,  enclosing  a 
copy  of  a  letter  addressed  by  him  to  General  Murphy. 

We  herewith  forward  you  copies  of  correspondence  had  with  this 
Grovemment  since  the  date  of  our  last  dispatch. 

The  terms  of  the  Armistice  as  published  having  had  a  very  injurious 
effect  upon  the  question  of  Annexation,  and  having  previously 
received  information  from  General  Houston  that  the  skme  was  not 
approved  by  him,  we  deemed  it  both  proper  and  necessary,  in  reply 
to  Mr.  Calhoim's  note,  to  state  distinctly  (as  far  as  we  were  informed) 
its  whole  history  and  present  nullity. 

The  debate  on  the  treaty  has  been  progressing  about  a  week,  Mr. 
Benton  leading  off  against  and  Mr.  Walker  for  it.'  They  have  been 
followed  by  Messrs  Choate,  Miller  and  McDuffie,  the  latter  in  its 
favour. 

Mr.  McDuffie,  it  is  stated,  has  introduced  in  the  Senate  a  joint 
resolution,  declaring  for  annexation,  as  proposed  in  the  treaty. 
This  being  done,  it  is  said  that  Mr.  Benton  has  changed  his  position 
and  intimated  his  readiness  to  support  the  resolution.  If  so,  and  those 
of  the  democracy  who  have  before  gone  off  with  him  shall  likewise 
return,  the  chances  for  its  success  we  think  very  encourageing.  This, 
however,  may  be  a  trick  of  Mr.  Benton's  to  mislead  the  friends  of 
Texas  at  the  Baltimore  Convention,  which  meets  on  Monday,  next. 

a  Hay  23, 1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
5L.8. 


\ 


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284  AM^tlOAN  HISTOBIOAL  ASSOCIATION. 

The  indiofttions;  from  all  quarters  of  the  Union,  show  evidentij 
tihat  a  large  majority  of  the  people  are  in  favour  of  annexation. 
We  have  the  honor  to  be 
with  great  reject 

Your  most  Obdt.  Servte. 

Isaac  Van  Zandt 

J  PmcKNET  Hendbesok 


[Inclosed  are  copies  of  the  following:^  Calhoun  to  Van  Zandt  and 
Henderson,  May  15,  1844;  Van  Zandt  and  Henderson  to  Calhoun, 
May  15,  1844.]  «^ 

Calhoun  to  Pbesident  op  Unitbd  States  [Tyler].*' 


Henderson  to  Jones.** 


Henderson  to  Jones.** 


Calhoun  to  President  of  United  States  [Tylbb].« 


Raymond  to  Jones.^ 


Henderson  to  Jones.^ 


Van  Zandt  and  Hkndbbson  to  Jones.* 
No.  121.< 

Legation  of  Texas 
WasUngtan  D.  C.  June  10th.  18U 
Hon  Anson  Jones 

Secretary  of  State 
Sm 

We  have  to  commimicate  to  you  the  news  of  the  rejection  of  the 
treaty,  which  we  signed  on  the  12th  of  April,  last,  for  the  ai&iexation 
of  Texas  to  the  United  States,  by  the  Senate.  It  was  discussed  very 
warmly  and  fully  for  several  weeks  by  that  body,  and  on  the  8th. 
instant  the  vote  was  taken  on  the  question  of  its  ratification,  when 
there  were  given  for  the  treaty  sixteen  votes  and  against  it  thirty- 
five;  one  senator  who  was  known  to  be  in  favour  of  the  treaty  did 

a  See  Cal«Bd«r  of  Gvmspoiidfliiod  witk  the  UnMed  States  in  Part  I. 

b  This  letter  was  published  under  date  of  May  16. 

elCayWflSU.   SseCaleiidar  of  CorraBpondenoe  with  the  United  States  In  Part  I. 

<lJime2,1844.   Sea  Catedar  of  CornifoiKtaioe  with  the  United  States  In  Part  L 

•  June  4, 1844.   See  Calendar  of  Cocrespondenoe  with  the  United  States  In  Part  I. 

/  Jones,  18M.   See  OBtoodar  ofCorrapondeooe  with  the  United  States  In  Part  I. 

9  Jane  7, 1941.   to  Oaleiidar  of  OaReapondenoe  with  the  United  States  in  Part  I. 

ftL.S. 

<  The  number  shoold  be  122.   See  Van  Zandt  to  Jones,  June  18, 1844,  Raymond's  poatMript. 


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C0RB£8P01)a>BHGE  WITH  XSB  UNITED  STATES.  286 

not  rote.'  You  will  see  from  the  a{>eeche6  uutde  during  the  dis- 
cussion (which  we  will  send  you  as  soon  as  we  can  collect  them) 
that  the  majority  of  those  who  voted  against  ratifying  the  treaty^ 
are  in  favour  of  annexing  Texas  at  some  futiu^  period.  It  cannot 
be  disguised  that  party  con8iderati<»s  influ^ioed  many  of  those, 
who  voted  against  the  ratification,  to  oppose  it.  The  question  of 
the  annexation  of  Texas  to  this  Government  has  (as  you  doubtless 
have  seen  from  the  newspapers  of  tUs  country)  become  strictly  a 
party  question  between  the  democrats  and  wh%s  in  the  priding 
contest  for  the  next  Presidency,  and  should  the  former  party  succeed 
in  electing  their  nominee  we  can  not  doubt  that  Texas  can  be  annexed 
under  his  administration,  if  she  desire  it.  We  called  upon  President 
Tyler  this  morning,  and  he  informed  us  that  he  intended  to  send  into 
the  House  of  Representatives  a  message  calling  their  attention  to  the 
subject  of  annexing  Texas — ^he  was  then  in  consultation  with  his 
Cabinet  on  the  subject;  and  asked  us  if  we  had  any  thing  to  say  or 
furnish  him,  which  he  could  commimicate  with  his  message,  but  as 
we  had  received  a  few  days  since  a  communication  from  the  Presi- 
dent, dated  at  the  City  of  Houston  May  17th,  instructing  us  to  press 
the  measure  of  annexation  no  further  on  this  Government,  and 
directing  the  Undersigned,  Special  Agent  etc,  to  take  his  leave  and 
return  to  Texas,  we  did  not  feel  ourselves  at  liberty  to  interfere, 
and  therefore  replied  that  we  had  nothing  to  say  or  communicate. 

Col  Benton  introduced  a  bill  this  morning,  in  the  Senate  proposing 
the  annexation  of  Texas.  From  what  we  have  learned  of  its  pro- 
visions, it  would  not  be  acceptable  to  the  Government  or  people  of 
Texas,  and  will  not  recrive  the  support  of  either  of  the  two  great 
political  parties  in  this  country. 

We  have  the  honor  to  be  with  great  respect. 
Your  Obedient  Servants 

Isaac  Van  Zandt 

J  PiNGKNST  HbNDBBAON 

Calhoun  to  the  Seoretaby  op  State  op  Texas  [Jones].* 


Van  Zandt  to  Jones.*' 
No.  123. 

Legation*  op  Texas 
Washington  D.  C.  June  ISth.  1844 
Hon  Anson  Jones 

Secretary  of  State 
Deab  Sib 

Since  the  date  of  our  last  dispatch  the  President  of  the  United 
States  has  addressed  to  the  House  of  Representatives  a  message  upon 

a  Hanntgan  of  iDdtaBs,  iviM  WM  absent  vtan  tte  ^ralB  wat 
Mane  12, 1844.   See  Oreen  to  Jones,  July  14, 1844. 
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286  AMERICAN  HISTORICAL  ASSOCIATION. 

the  subject  of  annexation,  which,  upon  its  receipt  by  the  House,  was 
ordered  to  be  printed  and  refered  to  the  Committee  of  Foreign  Affairs. 
No  further  action  will  likely  be  had  upon  the  subject  before  the  ad- 
journment. Our  friends  think  it  policy  to  await  the  action  of  the 
next  session,  or  it  may  be  possible  that  the  President  may  deem  it 
necessary  to  have  a  called  session  in  August  or  September.  While 
many  object  to  any  affirmative  action  at  the  present  session,  a  very 
large  majority  of  both  Houses  express  themselves  friendly  to  the 
measure  at  a  future  period.  The  indications  of  popular  sentiment  in 
almost  every  quarter,  seem  favorable  to  its  ultimate  success,  should 
Texas  continue  to  desire  the  Union.  On  to  morrow,  or  as  early  as  I 
can  collect  them,  I  shaU  forward  to  your  Department  a  large  number 
of  papers  and  documents,  which  will  enable  you  to  see  both  sides  of 
the  case  as  represented  here. 

The  friends  of  Texas  in  this  coimtry  are  determined  to  press  the 
question,  unless  our  Government  shall  decline  its  further  prosecution. 

Having,  at  the  time  of  my  departure  for  Washington,  left  much  of 
my  private  business  in  an  imsettled  state  which  requires  my  personal 
attention  at  the  earliest  day  possible,  I  beg  leave,  through  you,  most 
respectfully  to  tender  to  the  President  this  my  resignatjon,  and 
request  that  I  may  be  furnished  with  my  letter  of  recall  as  soon  as  the 
same  can  conveniently  be  forwarded  to  me. 

My  resignation  is  forwarded  at  this  time  with  a  hope  that  I  may 
be  enabled  to  reach  home  by  the  commencement  of  the  faU  courts- 
It  may  however  be  possible  that  the  President  of  the  United  States 
may  determine  to  call  an  extra  session  of  Congress,  for  the  purpose 
of  settling  the  question  of  annexation.  In  that  event  I  should  be 
desirous  to  remain  during  the  session.  Should  Oeneral  Houston, 
therefore,  deem  it  not  improper,  I  hope  I  may  be  so  instructed. 
With  great  regard 

Your  Obedient  Servant 

Isaac  Van  Zandt 

P.  S.  The  joint  dispatch  of  the  10th  inst  was  numbered  "121,^* 
when  it  should  have  been  122.    Please  make  the  correction. 
Yours  etc 

Chas.  H.  Raymond 

Van  Zandt  and  Henderson  to  Jones.** 
No.  124 

Legation  of  Texas 

Wdshington  D  O 

June  15th  1844 
Hon  Anson  Jones 

etc  etc  etc 
Dear  Sib 

In  pursuance  of  the  instructions  of  the  President,  on  day  before 
yesterday  we  called  upon  the  President  of  the  United  States  and 


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OOBBESPONDENCB  WITH  THE  UNITED  STATES.  287 

made  known  to  him  the  desire  of  our  government  that  the  present 
position  of  the  military  and  naval  forces  of  the  United  States  sta- 
tioned upon  the  borders  of  Texas  should  remain  unchanged.  To  this 
the  President  replied  that  no  important  change  would  be  made  in  the 
previous  orders  and  arrangements  except  that  the  commanders 
would  be  directed  to  correspond  with  the  United  States  Charg^ 
d' Affaires  in  Texas  instead  of  the  President  of  Texas  as  heretofore. 
The  President  of  the  United  States  also  expressed  his  determination 
to  do  every  thing  in  his  power  which  might  contribute  to  our  security, 
with  the  hope  that  the  embarrassments  at  present  attending  the 
question  of  annexation  might  in  the  mean  time  be  removed. 

The  Congress  will  adjourn  on  Monday  next  the  17th  Inst.  The 
President  has  not  determined  whether  he  will  call  an  extra  session 
or  not.  He  remarked  in  the  interview  which  we  had  with  him  that 
should  public  sentiment  seem  to  demand  it,  in  that  event  he  should 
think  it  proper  to  issue  his  proclamation  for  that  purpose.  We 
would  suggest  the  propriety  of  with-holding  from  the  public  so  much 
of  this  despatch  as  relates  to  the  Army  and  NaVy  of  the  United  States, 
We  have  the  honor  to  be  most 
Respectfully 

Your  Obt  Servants, 

Isaac  Van  Zandt 

J  PiNCKNEY  HeNDEBSON 

Monday  A  M  17th. 

P.  S.  Genl  Henderson  left  yesterday  for  Texas  by  way  of  Phila- 
delphia. 

Besply. 

Van  Zandt 


Van  Zandt  to  Jones.* 
No.  125. 

Legation  of  Texas 
Washington  D.  C,  June  18th.  18U 
Hon  Anson  Jones 

Secretary  of  State 
Deab  Sib 

Thompson,  the  bearer  of  dispatches  sent  to  Mexico  by  this  Govern- 
ment, returned  on  yesterday  to  this  city.  He  saw  Santa  Anna,  but 
made  no  arrangement  with  him,  not  even  submitting  any  distinct 
proposition  for  the  decission  of  the  Mexican  Government.  He  thinks 
Mexico,  from  the  depressed  state  of  her  finances  and  the  probabilities 
of  an  internal  revolution,  is  wholly  imable  ever  to  make  any  move- 
ment of  a  serious  character  against  Texas;  and  that  she  does  not  con- 


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288  AMERICAN  HISTORICAL  ASSOCIATION. 

template  a  war  with  the  United  States,  on  account  of  annexation 
should  it  take  place.  Mexico  has  failed  to  pay  the  last  installment 
due  to  this  country  upon  her  debt.  There  is  evwy  probability  of  a 
coUission  between  her  and  France  whose  fleet  is  already  on  the  Mexi- 
can coast.  A  difficulty,  growing  out  of  the  murder  of  an  Englishman, 
has  resulted  in  angry  correspondence  with  the  British  Minister. 

These  comprise  the  substance  of  the  intelligence  brought  by 
Thompson. 

On  yesterday  the  Congress  adjourned  ''sine  die  ". 
Most  respectfully 

Your  Obt.  Servt. 

Isaac  Van  Zandt. 

WoLx,  TO  Houston.* 


Jones  to  the  Segrbtart  of  War  [Pc»tbr].^ 


Parker  to  Calhoun.* 


Van  Zandt  to  Jones.* 

No.  126 

Legation  of  Texas 
Washington  D.  C.  July  6th.  18U 
Hon  Anson  Jones 

Secretary  of  State 
Sir 

Since  my  last  dispatch  I  have  had  a  full  discussion,  with  Mr. 
Calhoun,  Secretary  of  State  of  the  United  States,  on  the  subject  of 
the  outrage,  committed  by  citizens  of  this  country  upon  the  collec- 
tor of  Red  River  District,  and  rescue  of  goods  in  his  possession.  I 
hope  soon  to  be  able  to  report  to  your  department  a  satisfactory 
adjustment  of  the  matter. 

I  am  informed  by  Mr.  Calhoim  that  Capt  Cooke  has  been  acquitted 

by  the  Court  Martial  appointed  to  try  him,  and  that  he  will  make  a 

communication  to  me,  in  the  course  of  a  few  days,  on  the  subject, 

which  when  received  I  will  immediately  forward  to  your  department. 

I  have  the  honor  to  be  with  great  respect 

Your  Obedient  Servant, 

Isaac  Van  Zandt 

a  Jane  19, 1844.    Copies  sent  with  Jones  to  Van  Zendt,  July  13,  and  Jones  to  Howard,  August  6, 1844.    See 
Calendar  of  ConespoBdeace  with  ttra  United  States  In  Part  I. 
fr  Jane  27, 1844.    Bee  Van  Zandt  to  Jones,  August     ,1844. 
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cjobrespondbncb  with  the  united  states.  289 

Houston  to  Jones.® 


Jones  to  Van  Zandt. 

Department  op  State, 
Washington  [Texas],  July  ISth  18U. 
To  the  Hon.  I.  Van  Zandt, 

Charg6  d^  Affaires  of  the  Republic  of  Texas. 

etc  etc  etc 
Sm, 

I  have  the  honor  to  acknowledge  the  receipt  of  your  several  de- 
spatches to  the  18th  of  June  Ulto. 

In  consequence  of  the  absence  of  the  President  and  a  pressure  of 
business  upon  the  Dept.,  I  write  you  at  this  time  very  briefly. 

In  a  private  letter  which  I  recieved  from  his  Excellency  yesterday, 
he  says  "I  enclose  you  a  letter  from  Mr.  Van  Zandt  in  which  he 
announces  having  sent  his  resignation  to  you.  You  will  accept  his 
resignation  in  the  most  courteous  terms  and  express  to  him  the 
confidence  of  the  Executive  in  his  patriotism  and  integrity"*  In 
accepting  the  tender  of  your  resignation,  allow  me  to  add  to  the 
expression  of  the  President  the  assurance  that  the  Department  has 
every  reason  to  be  satisfied  with  your  conduct  as  Charg6  d' Affaires, 
at  Washington  and  with  the  very  able  zealous  and  faithful  manner 
in  which  you  have  discharged  all  the  arduous  duties  which  have  from 
time  to  time  been  devolved  on  you.  The  interests  of  the  country 
have  been  well  sustained  by  you  and  I  devoutly  hope  you  may  live 
to  enjoy  its  approbation  and  its  highest  rewards.  I  regret  that 
circumstances  have  rendered  your  resignation  necessary  but  am 
well  aware  that  the  compensation  is  not  sufficient  to  support  you 
and  justify  you  in  longer  neglecting  your  private  affairs 

Enclosed  I  send  you  your  leave  of  absence  to  be  presented  to 
the  Secretary  of  State  of  the  U.  S.  whienever  you  are  ready  to  leave. 
It  is  not  deemed  necessary  that  you  should  remain,  at  your  post  to 
await  a  call  of  the  U.  S.  Congress  nor  is  it  the  wish  of  the  govt  that 
you  should  stay  even  if  a  Special  Session  should  be  determined  on. 

It  is  my  desire  that  the  matter  of  compensation  to  Texas  by  the 
U.  S.  for  the  goods  taken  from  our  Collector  at  Bryarly's  landing 
and  the  arms  etc  taken  from  Col  Snively's  command  should  be 
pressed  upon  the  consideration  of  the  U  S  Government 

On  leaving  you  will  place  the  archives  of  your  legation  in  the  Hands 
of  Mr  Raymond,  who  will  act  in  the  capacity  of  Charg6  untill  an 
appointment  is  made  of  a  successor 

A  July  8, 1S44.   Bee  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

b  The  letter  was  dated  July  8.   See  Calendar  of  Correspondence  with  the  United  States  In  Part  I. 

39728*'— VOL  2,  pt  1—11 19 


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290  AMEBiCAN  HIBTOBIOAI^  ASSOCIiLTIOy. 

Enclosed  I  send  for  your  information  Copies  of  two  letters  lately 
reed  one  from  Gen.  Murphy  Chai^6  d' Affaires  of  the  U.  S.**  the 
other  from  Gen  Adrian  WoU  announcing  to  Texas  a  resumption  of 
hostilities  on  the  part  of  Gen.  Santa  Anna^  The  complaint  set 
up  by  Gen  Santa  Anna  that  Texas  has  acted  perfidiously  in  not 
sending  Commissioners  to  Mexico  agreeably  to  the  terms  of  an 
Armistice  proposed  at  Sabinas  by  the  Commissioners  who  were  senJt 
there  is  without  any  just  foundation  in  fact.  As  it  was  one  of  the 
expressed  and  agreed  conditions  upon  which  those  Conunissioners 
were  sent  that  any  agreement  which  might  be  made  by  them  should 
not  be  of  any  force  unless  confirmed  by  the  Supreme  Govt,  of  Mexico 
on  the  one  part  and  Texas  on  the  other*  This  Govemmeiit  imuke- 
diately  on  its  receipt,  rejected  this  proposed  Armistice,  information 
of  which  was  informally  given  to  Capt.  Elliot^  the  medium  of  com- 
munication between  us  «Ad  Meodco.  On  the  oth^  hand,  the  Supreme 
Govt,  of  Mexico  failed  to  give  us  notice  that  she  had  approved  the 
acts  of  her  Commissioners.  So  tha^  both  by  the  act  of  rejection 
on  the  part  of  the  Govt.,  and  the  omission  on  the  part  of  Mexieo  to 
notify  Texas  that  she  had  approved  and  confirmed  the  Axmistice 
the  same  was  void  and  utterly  nulL 

The  true  cause  of  this  renewal  of  hostilities  I  presume  to  be  the 
negotiations  between  the  U  States  and  Texas  for  Annexation 
I  have  the  honor  to  be 

with  the  highest  respect 
Your  Obt.  Svt. 

Signed  Akson  Jones 


Gbbbn  to  Jones.* 

Consulate  of  the  Untted  States 

Galveston  July  IJfii,  1844, 
To  Tiie  Hon  Anson  Jones 

Secty  <{f  iSfcrfc 

of0ie  SepfMic  of  Texas. 
Sm 

The  Undersigned  Consul  of  the  United  States  at  Gahwton  has  the 
painful  duty  to  p^orm,  of  announcing  to  the  Honorable  Secaretary 
of  State  of  Uie  R^ubUc  of  Texas,  the  death  of  the  Honorable  WiBiam 
S.  Murphy,  late  Oiarg^  d'  Affaires  of  the  United  States  near  this 
Government.  This  -sad  event  took  place  on  the  morning  of  the  Idth. 
instat  l.SOOdock. 

Among  the  Archives  of  the  Legation  f  alUng  to  the  custody  of  the 
Undersigned  by  this  event,  is  a  communication  from  the  Secretary 

a  This  letter  has  not  keenfosBd. 

5  Dated  June  M.lMi. 

•  See  Eeoords  of  Department  of  State  (Texas),  Book  42,  p.  611,  for  both  this  letter  and  Its  InolosaEe. 


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CJOREBePONDSNCB  WITH  THJS  UNITES)  STATES.  291 

af  State  of  the  United  States  to  GM:ieral  Murphy  iiiforming  him  of 
his  rejection  by  the  Senate,  and  ^icloang  the  communication  to 
the  Honorable  Secretary  of  State  of  Texas,  herewith  forwarded 

In  [M-es^iting  the  commimicaUon  r^ened  to,  and  in  taking  leave 
of  the  Chief  Magistrate  of  this  Republic,  General  Murphy  is  enjoined 
by  the  Secretary  of  State  of  the  United  States  to  renew  to  the  Gov- 
ernment of  Texas,  assurances  of  the  friendly  disposition  of  the 
President  of  the  United  States  towards  this  Republic,  and  of  his 
hope  that  it  will  be  reciprocated,  and  that  nothing  may  take  place 
which  will  have  a  tend^DLcy  to  weaken  that  disposition  on  either  part. 

The  Undersigned  takes  this  occasion  to  inform  the  Honorable 
Secretary  of  State,  that  by  instructions  from  his  Government  he 
has  taken  char^  of  the  Archives  of  tjiis  Legation  until  the  successor 
of  General  Murphy  shall  arrive;  and  that  during  this  interim  it  wUl 
give  him  great  satisfaction  to  cummunicate  \dth  the  Honorable 
Secretary  of  State  upon  any  subject  that  may  arise  of  mutual  interest 
to  this  country  and  that  of  the  United  States. 

By  recent  advices  from  the  South  west,  the  undersigned  has 
leajioed  that  a  bearer  of  dispatches  from  the  Government  of  Mexico 
has  proceeded  to  the  Seat  of  Government  of  Texas,  and  that  under 
the  present  existing  circumstances  he  will  be  excused  for  requesting 
at  this  eariy  moment  to  be  made  acquainted  with  such  parts  of  the 
subjects  of  those  dispatches  as  may  be  interesting  to  his  Governments 
in  order  that  he  may  communicate  the  information  without  delay, 
to  the  Honorable  Secretary  of  State  of  the  United  States. 

The  Undersigned  avails  himself  of  this  occasion  to  assure  the  Hon 
Secretary  of  State,  of  his  hi^  consideration  and  respect. 

A.  M.  Gbebn 

[Here  follows  a  transcript  of  the  enclosure  referred  to,  Calhoun 
to  the  Secretary  of  State  of  Texas,  June  12,  1844,  announcing  the 
recaU  of  Murphy.] 

Hats  to  Hill.^ 


Jones  to  Gbeen. 

Department  of  State 
Washington  [Texas,]  July  ggd  1844 
Snt, 

I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the 
14th  Inst,  announcing  to  this  Department  the  melancholy  intelligence 
of  the  decease  of  the  Hon.  Wm  S.  Murphy  late  Charg6  d'  Affaires  of 

aJi]l721,1844(eztTaot).   Copy  seat  wtth  Jones  to  How<^Aggi]St^  1844.    SeeCf^tendarofCorrespoiid- 
enoe  with  the  United  Stat^  in  Part  I. 


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292  AMERICAN  HISTOBIGAL  ASSOCIATION. 

the  U.  States  near  this  government,  and  that  by  instructions  of 
your  government  you  had  taken  charge  of  the  arcMves  of  the  Lega- 
tion imtill  Gen.  Murphy's  successor  should  arrive  etc.  accompanying 
which  was  a  letter  from  the  Hon.  Secretary  of  State  of  the  United 
States  addressed  [to]  this  Department. 

The  friendly  sentiments  towards  this  Republic  which  on  behalf 
of  the  Govt,  of  the  United  States,  Gen.  Murphy  was  enjoined  to  make 
known  to  this  Government,  a  duty  which  his  lamented  decease  pre- 
vented him  from  performing  but  which  you  have  now  executed,  are 
I  beg  leave  to  assure  highly  appreciated,  and  fully  reciprocated,  by 
this  Govt. 

In  reply  to  your  request  to  be  made  acquainted  with,  such  parts 
of  the  despatches  lately  redeved  by  this  Govt  from  Mexico  as  might 
be  interesting  to  the  government  of  the  United  States  I  have  the 
honor  to  inform  you  that  copies  of  those  despatches  were  some  days 
since  forwarded  to  Mr.  Van  Zandt  our  Charg6  d'  Affaires  at  Washing- 
ton who  will,  I  doubt  not,  communicate  the  desired  information  to  the 
Hon.  Secretary  of  State  of  the  United  States,  without  delay. 

Be  pleased  to  accept,  Sir  the  assurances  of  the  high  consideration 
and  regard  with  which  I  have  the  honor  to  remain 
Your  Most  obt.  Servt. 

(Signed)  Anson  Jones 

To,  A.  M.  Green  Esq. 

U.S.  Consul 

etc,  etc,  etc. 


Bbowbb  to  Van  Zandt.® 


Houston  to  Santa  Anna.* 


Hill  to  Woll.* 


Jones  to  Raymond. 

Department  of  State 
WasUngton  [Texas]  July  29th  1844« 
To  Charles  H.  Raymond  Esq. 

acting  ChargS  d"  Affaires  of  Texas 

etc  etc  etc 
Sm, 

The  Hon.  Isaac  Van  Zandt  having  resigned  the  office  of  Chargfi 
d' Affaires  of  this  RepubUc  near  the  Govt,  of  the  U.  States  it  is  the 

a  July  27, 1S44.  See  Van  Zandt  to  Jones,  August  8, 1844. 
fr  July  39, 1844.  See  Jones  to  Raymond,  August  6, 1844. 
p  ReoelTed  August  28.   See  Raymond  to  Jones,  September  12, 1844. 


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COERESPONDENCB  WlTH  THE  UNITED  STATES.  293 

desire  of  the  President  that  you  should  assume  the  duties  as  acting 
Charg6  untill  a  Successor  shall  have  been  appointed  and  arrived  at 
Washington  City. 

You  will  take  the  earliest  opportunity  to  notify  the  Government 
of  the  United  States  that  a  Council  will  be  held  at  Tawacoro*  Creek 
near  the  Brazos  on  the  15th  Sept  next  between  Commissioners  of 
Texas  and  the  Conmianche  and  other  Indians  who  reside  within 
and  upon  our  limits,  and  invite  that  Government  to  send  a  Commis- 
sioner or  agent  to  be  present  at  that  time  and  place,  to  aid  in  pro- 
moting the  reciprocally  important  object  of  effecting  a  peace  with 
these  Indians. 

The  place  fixed  upon  for  holding  this  Council  is  the  same  at  which 
the  Council  was  held  in  March  1843  at  which  Govr.  Butler  was 
present.  The  time  is  fixed  for  the  16th  Septr.  but  it  is  not  very 
probable  that  the  Indians  will  come  in  exactly  at  the  day  appointed 
or  that  much  will  be  effected  before  the  latter  part  of  the  month. 

Should  a  Commissioner  or  agent  be  sent  to  attend  this  Coimcil  on 
the  part  of  the  U.  States  it  would  be  desireable  that  he  should  be 
attended  by  a  large  escort  of  Dragoons  not  that  any  danger  is  appre- 
hended to  the  Commissioners  but  for  the  purpose  of  making  an 
impression  upon  the  Savages 

I  have  the  honor  to  be  with  the  highest  respect 
Your  Most  obt  Svt 

(Signed)  Anson  Jones 


Addbess  of  Howard  to  Jones.* 

Address  of  Mr.  Howard  on  presenting  his  letter  of  Credence  to  the  Hon.  Anson  Jones  Secretary  of  State 

of  the  RepabUo  of  Texas. 

On  presenting  to  you,  Sir,  this  letter  of  Credence  from  my  Govern- 
ment, I  am  instructed  to  express  to  you,  the  warm  interest  felt  by 
the  President  of  the  United  States,  in  the  happiness  and  prosperity 
of  the  Government  and  people  of  Texas,  and  the  earnest  desire 
which  animates  him  to  preserve  and  strengthen  the  bonds  of  good 
feeling  and  kind  relations  which  now,  so  happily,  subsist  between 
the  two  countries. 

In  addition  to  this  expression  of  the  feelings  and  sentiments  of  the 
President,  I  avail  myself  of  the  occasion  to  add,  that  similar  senti- 
ments are  cherished  by  the  people  of  the  United  States,  and  that 
at  no  former  period  has  a  deeper  interest  been  felt,  for  the  welfare 
and  prosperity  of  the  people  and  government  of  this  RepubUc,  than 
exists  at  the  present  time. 

aTavakana. 

»  A.  D.  undated,  but  Inserted  between  the  2nd  and  6th  of  August,  1844.   See  Howard  to  Jones  of  the 
former  date,  and  Jones  to  Howard  ot  the  latter. 


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294  AMEBICAlff  HISTORIClL  ASSOCIATION. 

During-  my  residence  here,  Mr.  Secretary  it  will  be  my  study  to 
promote  and  strengthen  the  bonds  of  friendship  between  the  two 
countries — a  course  which  I  can  adopt  with  great  cordiality,  in 
view  of  the  common  origin  of  our  people,  and  that  identity  of  interest, 
which  seem  so  clearly  to  point  to  our  destiny. 

It  remains  my  painful  duty,  further  to  say,  that  the  gratification 
I  feel  in  being  the  orgMi  of  my  Government  in  the  expression  of  these 
sentiments,  is  much  tempered  by  the  chastening  circumstances 
which  have  attended  my  arrival  in  this  Republic,  in  the  death  of 
two  distinguished  feDow  citizens — Gen  Murphy  and  Col.  Green,  two 
of  our  public  functionaries. 

I  hare  been,  however,  much  consoled  by  the  generous  sympathy 
which  I  have  every  where  met  from  your  people.  This  is  the  more 
consolatory,  as  it  will  be  evidence  to  their  friends  and  afficted  f uni- 
lies  at  home,  of  the  confidence  and  respect,  which,  I  have  the  satis- 
faction to  know,  were  enjoyed  by  them  amongst  the  citizens  ot  this 
Republic. 

JONBS'S   RSFLY  TO  HoWAmp's  AlH>BB88.^ 

Reply  of  Mr.  Jones  to  the  address  of  Qen.  Howard 

General, 

I  take  great  pleasure  in  receiving  and  recognizing  you  as  the 
accredited  representative  of  the  United  States  to  Texas;  and  in 
assuring  you  that  the  friendly  sentiments  and  kind  wishes  which 
you  have  expressed  on  behalf  of  the  President  of  the  United  States 
and  the  people  of  that  country  towards  the  government  and  people 
of  this,  are  highly  appreciated  and  fuUy  reciprocated  by  the  Presi- 
dent and  people  of  Texas. 

Adverting  to  the  fact  of  your  former  connexion  with  the  President 
of  Texas  and  the  intimate  personal  relations  which  have  for  a  great 
length  of  time  existed  between  yourself  and  him  rendering  your 
appointment,  so  very  acceptable  to  his  Excellency  I  am  happy  to 
witness  in  your  selection  as  their  Representative  here  another  proof 
of  the  friendship  of  the  United  States,  towards  Texas 

I  shall  take  much  pleasure  General,  in  co-operating  with  you  in 
the  work  of  preserving  the  good  understanding  which  now  so  happily 
exists  between  the  two  countries,  and  in  drawing  still  closer  the  ties 
which  should  unite  them.  In  the  performance  of  a  duty  so  agreeable 
to  myself  I  am  well  satisfied  I  shall  be  acting  in  accordance  with  the 
wishes  and  the  feelings  of  the  people  of  Texas  who  ever  mindful  of 
the  identity  of  the  origin  language  laws  and  customs  of  the  two 
nations  ardently  desire  united  destiny. 

The  sentiments  which  you  have  expressed,  on  this  occasion  in  refer- 
ence to  the  recent  melancholy  death  of  the  two  distinguished  func- 


a  See  title  of  Howard's  address,  note. 


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COItBBfi£»OND£KC&  WITH  TBB  TTHITBD  STATES.  295 

tionaries  of  you[r]  gov^nunent,  Gecu  Murphy  and  CoL  Oreen  are 
very  proper,  and  I  aasTire  you  of  the  sympathy  I  feel  m  common  with 
c^  our  fellow  citizens,  at  the  loss  which  their  country  as  well  as  their 
friends  and  families  haye  sustained,  by  this  afflictive  dispemsation 
of  divine  providence. 

Jones  to  RArMON».^ 

[Transmits  copies  of  the  following:  Houston  to  Santa  Anna^  July 
29,  1844;^  Hill  to  WoU,  July  29,  1844.<'1 


Hnx  TO  Jones.  ** 


Jones  to  Howaiid/ 

[Inclosed  were  Hays  to  Hill  (extract),  July  21, 1844;  WoU  to  Hous- 
ton, June  19,  1844;  Hill  to  Jones,  August  6,  1844.] 


HowABD  TO  Jones./ 


Jones  to  Ratbionb. 

Department  of  State 
WaaUjigton  [Texas,]  Augt.  6th  I844 
To  C.  H.  Raymond  Esq. 

acting  Chargd  d^  Affaires  of  Texas 
Sib, 

Information  has  just  been  recieved  through  Col.  J.  C.  Hays  com- 
mandmg  on  our  South  Western  frontier,  that  Mexico  is  actually 
about  to  make  a  hostile  movement  upon  this  country.  Enclosed 
herewith  I  send  you  the  copy  of  a  letter  from  the  Hon.  G.  W.  Hill 
Secretary  of  War  and  Marine  addressed  on  to-day  to  this  Depart- 
ment with  the  accompanying  documents  marked  A.  and  B.  which 
will  place  you  more  fully  in  possession  of  the  particulars  in  relation 
to  the  immediate  expected  movements  of  the  enemy .^ 

a  August  5, 1844.  Bee  Records  of  Department  of  State  (Texas),  Book  44,  p.  322.  Tlii»  dispatch  wm 
received  August  23.    See  Rasrmond  to  Jones,  September  12, 1844. 

h  See  Calendar  of  CorrespondeBoe  witti  tiit  Untted  States  la  Part  I. 

«  See  Correspondence  with  Mexloo. 

d  August  6, 1844.  Copylnclosedwith  Jones  to  Howard,  August  6,1844.  See  Calendar  of  Correspondence 
with  the  United  States  in  Part  I. 

«  August  6, 1844.  For  this  letter  and  its  indosures,  see  Calendar  of  Cofraspondeaoe  with  the  United 
States  tn  Part  I. 

/  A.  L.  S.,  Augnst  6, 1844.   See  Calendar  of  CorrespoDdenoe  with  the  United  States  in  Part  I. 

9  The  inclosnres  are  the  same  as  those  sent  to  Howard,  August  6, 1844,  except  that  Howard's  reply  is 
added.   For  this,  see  Calendar  of  Correspondeoee  with  the  United  States  in  Part  I. 


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296  Ali£EBICAN  HISTORICAIj  ASSOCIATION. 

Information  recieved  from  the  city  of  Mexico  through  the  agent 
of  the  United  States  Oovemment  there^  has  made  known  the  fact 
that,  Oen.  Santa  Anna  is  engaged  in  raising  funds,  and  recruiting 
an  army  for  the  avowed  purpose  of  attempting  to  subjugate  Texas 
and  that  in  pursuance  of  his  design  he  has  already  despatched  a 
number  of  troops  from  the  city  of  Mexico  and  is  concentrating  them 
and  other  forces  upon  the  Rio  Grande. 

The  fact,  that  the  negotiations  for  an  armistice  in  progress  at 
Sabinas  in  Feb.  last  were  suddenly  interrupted  upon  the  receipt 
of  the  intelligence  by  Mexico  that  a  proposition  for  the  annexation 
of  Texas  to  the  United  States  had  been  submitted  by  the  latter 
country,  and  that  subsequently  the  information  of  the  conclusion 
of  the  treaty  had  given  great  umbrage  to  the  Mexican  Govt,  taken 
in  connexion  with  the  letter  of  (Jen.  Woll^  seems  conclusively  to 
indicate  that  these  movements  of  the  enemy  have  been  caused,  by 
pending  negotiations  between  the  United  States  and  Texas  on  the 
subject  above  referred  to. 

I  have  consequently  called  this  day  upon  Gren.  Howard,  Chargfi 
d' Affaires  of  the  U  States  requesting  him  to  take  early  action  upon 
the  assurances  given  to  this  Govt,  by  Gen.  Murphy  and  by  Mr.  Cal- 
houn, and  that  the  promised  aid  might  be  rendered  to  Texas  by  his 
Government. 

Enclosed  herewith  is  a  copy  of  his  reply  to  my  communication  by 
which  you  will  perceive  that  Gen.  Howard  thinks  it  necessary  to  refer 
the  whole  matter  back  to  his  government  for  its  action,  and  to  await 
instructions  from  the  City  of  Washington.  This  delay  has  given 
great  dissatisfaction  to  the  President 

It  was  his  impression  that  he  should  at  any  time  in  case  of  threat- 
ened danger  to  Texas  command  the  aid  of  the  Military  and  Naval 
force  of  the  United  States  in  the  Gulf  and  upon  our  frontier.  This 
was  expected  to  be  rendered  in  case  of  emergency  like  the  present, 
even,  without  the  delay  of  an  appeal  to  the  government  at  Wash- 
ington 

It  is  the  wish  of  the  President  therefore  that  you  should  immediately 
make  known  to  the  President  of  the  United  States  his  imderstanding 
of  the  pledges  given  for  the  security  and  protection  of  Texas  during 
the  pendency  of  negotiations  for  Annexation,  and  his  conviction  of 
the  importance  to  the  success  of  that  measure  of  immediate  action 
on  the  part  of  the  U  States  government,  in  the  employment  of  their 
land  forces  on  our  frontier  in  preventing  the  threatened  injury  to 
Texas;  and  of  such  other  means  as  may  be  deemed  adviseable  and 
proper  for  the  same  object. 

TTiis  Government  trusts  that  the  action  of  the  United  States  in 
reference  to  this  subject  will  be  prompt  and  efficient,  a  course  which 

a  One  of  the  indosorai. 


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COBBESPONDBNCB  WITH  THE  UNITED  STATES.  297 

you  will  urge  upon  them  by  every  consideration  in  your  power  to 
offer. 

Gen.  Howard  despatches  an  express  to-morrow  to  Gen.  Taylor  at 
Fort  Jesup  by  whom  I  shall  send  you  this  communication. 

Shoidd  not  the  required  aid  be  rendered  by  the  United  States,  it  is 
probable  you  will  be  instructed  to  break  off  all  negotiations  having 
for  their  object  the  annexation  of  Texas  to  the  United  States,  nor 
can  we  wait  beyond  a  reasonable  time  for  their  determination  to  be 
made  known. 

I  have  the  honor  to  remain 
very  Respectfully 

Your  Obt  Svt 

(Signed)  Anson  Jones 


Howard  to  Jones.* 


Van  Zandt  to  Jones.'' 

No  127.  Legation  op  Texas 

Wdshington  [(Kty]  August  8th.  1844 
Hon  Anson  Jones 

Secretary  of  State 
Deab  Sir 

I  have  delayed  writing  to  you  for  some  time,  with  the  expectation 
daily  of  receiving  something  from  yoiu*  department.  The  Steamers 
having  left  for  New  York,  and  all  commimication  being  thereby 
rendered  uncertain  I  shall  delay  no  longer. 

In  my  last  dispatch  I  informed  you  that  I  anticipated  an  early 
and  satisfactory  adjustment  of  the  Red  River  difficulty.*'  I  had 
just  then  had  an  interview  with  Mr.  Calhoim  in  which  I  submitted 
to  him  the  points  upon  which  we  rested  the  claim  for  indemnity,  to 
all  of  which,  after  some  Httle  discussion  he  assented,  and  promised 
to  submit  the  matter  to  the  President  for  his  determination,  at  the 
next  Cabinet  meeting.  This  he  did,  but  instead  of  the  President's 
approving  it,  he  and  the  cabinet  all  dissented.  The  Attorney  Gen- 
eral, Mr.  Nelson  then  drew  up  a  written  and  lengthy  opinion  in  oppo- 
sition to  the  demand,  after  which  Mr.  Calhoim  sent  for,  and  made 
known  to  me  the  result,  submitting  to  me  the  opinion  of  the  Attorney 
General  for  my  inspection  and  consideration.  Upon  an  examina- 
tion of  it  with,  all  the  other  objections  urged,  I  informed  Mr.  Cal- 
houn that  if  he  would  make  me  a  communication  upon  the  subject 

•  August  7, 1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
*L.S. 

e  The  attack  on  Collector  Bourland.    See  Bourland  to  Secretary  of  Treasury  of  Texas,  May  4, 1843,  In 
Calendar  of  Correspondence  with  the  United  States  in  Part  I. 


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208  AMEBICAN  HISTORICAL  ASSOCIATlOir. 

in  reply  to  my  former  demands,  I  was  prepared  to  enter  upon  the 
discussion.  He  then  suggested  that  it  would  perhaps  be  more  satis- 
factory to  discuss  it,  first,  verbally,  at  the  Department,  and  that, 
then,  in  the  event  we  did  not  agree,  the  written  correspondence 
might  be  opened.  To  this  I  assented,  bdieving  they  would  more 
readily  abandon  their  position  before  the  committal  cm  paper  against 
the  demand,  than  afterwards.  On  the  next  day  I  repaired  to  the 
state  department  where  we  took  up  the  matter  and  discussed  it 
near  two  hours  each  day  for  about  a  week,  exploring  the  whole 
range  of  cases  and  authorities  from  the  earUest  writers  up.  The 
result  was  that  at  the  end  of  the  investigation  my  positions  were 
fully  admitted  by  the  Secretary  of  State,  and  I  understand  sanctioned 
by  the  majority  of  the  Cabinet.  Mr.  Calhoim  then  drew  up  a  formal 
reply  acknowledging  their  Uability  for  the  damages.  Before  sending 
it  to  the  President  he  submitted  it  for  my  inspection,  after  some 
sUght  modifications  I  told  him  it  would  be  satisfactory.  The  com- 
munication was  then  forwarded  to  the  President  who  had  gone  to 
Norfolk.  Upon  an  examination  he  dissented  from  some  portion  of 
the  conclusions  of  Mr.  Calhoun  and  returned  the  commimication, 
suggesting  certain  modifications.  On  the  receipt  of  this  answer 
Mr.  Calhoun  sent  for  me  and  expressed  a  desire  that  the  case  should 
rest  until  the  President  returns  to  the  city,  which  will  be  in  the  coiu^e 
of  the  present  week;  when  he  anticipated  a  removal  of  every  diffi- 
culty. To  this  coiuse  I  have  consented.  I  have  been  thus  explicit 
that  you  may  understand  the  cause  of  the  delay. 

You  will  of  course  have  seen  that  the  Mexican  Congress  have  voted 
Four  millions  of  dollars  and  thirty  thousand  men  for  the  invasion 
of  Texas,  also  the  manifesto  of  Genl  WoU  to  Genl  Houston*  declaring 
the  intention  to  re-commence  hostiUties  against  Texas.  I  have  seen 
likewise  the  correspondence  both  official  and  private,  of  the  United 
States  Charge  de'  Affaires  in  Mexico  to  the  State  Department  here. 
From  a  survey  of  the  whole  facts  that  have  been  developed  I  think 
we  may  conclude  that  it  is  the  intention  of  Santa  Anna,  again,  to 
commence  the  war  upon  some  scale,  the  measure  and  extent  of 
which  will  much  depend  upon  the  encoxuragement  that  he  may 
receive  abroad.  If  England  winks  at  the  measiu'e,  we  may  look  out 
for  a  formidable  effort.  England  will  of  course  view  all  the  circum- 
stances, and  pursue  that  poUcy  which  her  interest  may  seem  to 
dictate.  There  is  no  occasion  for  a  panic  in  Texas,  and  [it]  should 
by  all  means  be  avoided.  You  know  the  pledges  of  the  President 
of  the  United  States.  I  think  we  may  rely  with  every  confidence 
that  they  wiU  be  fulfilled.  Your  Representative  here  should  be  kept 
advised  as  frequently  as  possible  upon  this  subject,  and  especially 
as  to  the  views  and  wishes  of  the  President. 

a  That  is,  the  letter  of  June  10, 1844. 


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COREESPONDENCE  WITH  THE  UNITED  STATES.  299 

There  is  advertised  to  be  sold  on  the  20th.  Inst,  a  large  amount 
of  the  pubhc  arms  at  Ne^r  York.  I  am  endearouring  to  get  the 
sale,  of  three  thousand  stand  of  them,  suspended  until  we  can  see 
whether  we  need  them  or  not.  They  can  be  got  low,  and  it  may 
probably  be  to  our  advantage  to  secure  them,  especially  if  we  can  do 
so  in  such  way  as  to  pay  for  them  out  of  any  indemnity  we  may  get 
from  this  Govenmient.  Z  merely  make  the  suggestion  in  order  to 
have  the  opinion  of  the  President  upon  the  subject. 

The  two  Mexican  Steamers  now  repairing  in  New  York,  I  learn 
from  Mr.  Brower  are  making  great  efforts  to  complete  their  works 
and  outfit.  I  send  you  a  copy  of  Mr.  Brower's  letter.  The  suggestion 
which  he  makes  in  regard  to  the  effort  to  seize  the  vessels  I  think 
might  be  successfully  attempted  near  New  York.  I  went  to  Balti- 
more a  few  days  ago  partly  to  see  what  could  probably  be  done.  If 
the  proper  papers  and  powers  were  placed  in  the  hands  of  your  Repre- 
sentative here,  with  proper  caution  and  energy,  I  think  arrangements 
might  be  made  to  seize  them,  without  a  dollars  expense  to  Texas,  by 
proposing  to  some  proper  individual  the  spoils,  or  a  portion  of  them 
for  pay.    The  vessels  will  not  likely  get  off  before  the  1st.  of  October. 

I  expect  by  the  next  mail  notice  of  the  acceptance  of  pry  resigna- 
tion. I  hope  my  successor  if  one  has  been  appointed  may  arrive 
with  my  recall,  that  I  may  be  able  to  explain  the  situation  of  matters 
here,  as  present  appearances  indicate  that  this  will  soon  be  the  theatre 
of  important  action  in  our  affairs. 

«  «  «  «  «  «  4ea 

Since  writing  the  foregoing  I  have  seen  Mr.  Calhoun  who  informed 
me,  that  it  was  stated  in  the  dispatch  just  received  from  Mr.  King 
the  American  Minister  in  Paris  that  in  an  interview,  which  that 
gentleman  had  with  the  King  of  the  French  His  Majesty  told  Mr. 
King  that  they  wished  Texas  to  femain  independent,  upon  commer- 
cial groimds,  but  would  take  no  part  in  any  controversy  growing  out 
of  the  question  of  annexation. 

I  remain  with  high  regard 

Yoiu*  Most  Obedient  Servt. 

Isaac  Van  Zandt 


(Eztnct  of  a  lettar  from  Mr.  Brower  to  Ifr.  Van  Zandt,  referred  to  In  tho  fotBgotng  dispatch.) 

^'Consulate  of  Texas  Neu)  York  July  271%,  1844 
Deab  Sib 

You  are  aware  the  Mexican  War  Steamers,  ''Gaudalupe"  and 
''Montezimia"*  are  here  undergoing  repairs.     I  was  told  a  few  days 

a  Here  Is  omitted  a  paragraph  relating  to  Van  Zandt*8  salary. 

»  These  were  the  two  vesseto  bant  hi  England  in  1842  and  allowed  to  go  to  sea  in  spite  of  the  protests  of 
Charge  Ashbel  Smith.  Bee  Smith  to  Aberdeen  June  14, 1842  (the  protest),  In  the  Correspondence  with 
Great  Britatai. 


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800  AMEBICAN  HISTORICAL  ASSOCIATION. 

since,  by  a  person  who  saw  it  that  there  appeared  much  anxiety  on 
the  part  of  the  officers  to  hurry  forward  the  work — from  which  he 
supposed  Dispatches  may  have  been  reed.,  pertaining  to  the  part 
they  may  be  designed  to  take  in  Santa  Anna's  new  project  for  the 
invasion  of  Texas.  If  any  part,  naturally,  the  object  would  be  to 
use  them  for  blockading  the  Texian  shipping  ports,  especially  that 
Texas,  now,  has  no  Naval  force  in  commission.  It  has  appeared  to 
me  that  the  Government  and  people  of  Texas  should  look  to  the  pro- 
tection of  their  sea  coast,  and  without  any  bustle,  but  as  quietly  as 
possible  plan  some  expedition  by  which  to  board  and  take  those 
Steamers  if  they  appear  off  Galveston.  It  appears  to  me  an  ordinary 
Steamer,  under  American  colors,  properly  manned  with  men  of  right 
nerve,  well  equipped,  might  accomplish  the  object.  Of  course  it  is 
for  you  to  make  any  suggestion  you  may  please,  to  the  Texian  Execu- 
tive upon  the  subject." 

Van  Zandt  to  Calhoun.** 


Oalhoun  to  King.* 


Calhoun  to  Van  Zandt.« 


Van  Zandt  to  Calhoun.<* 


Van  Zandt  to  Jones.« 

No.  128  Legation  of  Texas 

Washington  D.  C,  August  16th.  18U 
Hon  Anson  Jones 

Secretary  ofStaie 
Sir 

I  have  the  honor  to  enclose  you  herewith  the  note  of  Mr.  Calhoun 
of  the  14th.  Inst,  together  with  the  documents  which  accompanied 
it,  and  my  reply  of  this  date  to  the  same. 

If  the  JPresident  shall  acquiesce  in  the  acquittal  of  Captain  Cooke, 
and  the  offer  to  return  or  make  compensation  for  the  arms,  it  will 
only  be  necessary  to  indicate  at  what  point  the  arms  are  desired 
to  be  dehvered.  If  it  be  wished,  new  arms  will  be  given  instead  of 
those  taken.  If  a  monied  compensation  be  prefered,  it  will  be 
necessary  to  await  an  appropriation  by  Copgress.  As  the  arms  will 
likely  be  needed  in  the  country,  and  less  difficulty  would  attend 

a  August  10, 1844.  Bee  Van  Zandt  to  Jones,  August  19, 1844. 

b  August  12, 1844.  See  Calendar  of  Correspondence  with  the  United  States  In  Part  L 

«Augustl4,1844.  See  Van  Zandt  to  Jones,  August  16, 1844. 

d  August  16, 1S44.  Bee  Van  Zandt  to  Jonee  of  same  date. 

«L.8. 


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COBBESPONDENCE  WITH  THE  UNITED  STATES.  301 

their  acceptance,  it  seems  to  me  it  would  be  policy  to  receive  them 
instead  of  awaiting  the  tardy  action  of  Congress. 

I  have  been  told  that  Captain  Cooke  has  a  letter  from  Colonel 
Snively  in  which  he  expresses  his  gratitude  for  the  kindness  shown 
him  by  Cooke.  If  this  be  true,  perhaps  it  would  be  unnecessary  to 
prosecute  the  case  further. 

I  hope  the  President  will  be  pleased  at  the  prospect  o*f  a  favorable 
adjustment  of  the  Red  River  difficulty.^  The  assurances  given  are 
perhaps  as  favorable  as  we  could  expect  under  the  circumstances. 
In  fact  as  to  the  Uability,  every  thing  is  conceded  which  could  be 
desired.  If  I  had  had  "full  powers"  for  the  purpose,  it  would  have 
been  more  formal  to  have  concluded  a  convention,  but  not  having 
them  I  think  the  matter  is  as  well  shaped  as  could  be. 

The  Affidavit  of  the  Collector  and  others  as  to  the  introduction, 
seizure  and  value  of  the  goods  will  be  all  sufficient,  to  transmit  to 
the  Congress  of  the  United  States,  but  these  should  be  obtained 
and  forwarded  to  this  Legation  as  early  as  possible.  I  told  Mr.  Cal- 
houn during  the  discussion  I  was  of  opinion,  although  not  authorized 
to  say  so  officially,  that  our  Government  would  be  willing,  as  an 
act  of  courtesy,  to  relinquish  the  claim  for  damages  so  far  as  the 
property  actually  belonged  to  the  United  States.  I  should  be  much 
gratifyed  if  my  opinion  as  thus  expressed  should  be  sanctioned  by 
the  President. 

We  have  no  further  news  from  Mexico.  The  papers  of  yesterday 
contain  a  nunor  that  the  Mexican  loan  of  four  millions  had  been  taken 
by  Great  Britain,  but  I  think  there  is  nothing  to  substantiate  the 
report. 

We  have  no  mail  yet  from  Texas. 

The  President  and  Cabinet  are  discussing  the  propriety  of  a  caP 
of  Congress  to  consider  how  far  Texas  should  be  protected  against 
Mexico.  This  is  Cabinet  day,  and  if  anything  important  transpires 
I  will  advise  you  of  it  to  morrow. 

With  great  respect,  Yr  Most  Obdt.  Servt 

Isaac  Van  Zandt 

[Here  follows  a  copy  of  Calhoun  to  Van  Zandt,  August  14,  1844.*] 

:partment 
April  24,  18U 
Sib 

I  respectfully  transmit  herewith  an  extract  of  the  proceedings, 
containing  the  opinion,  of  the  Court  of  Inquiry  held  at  Fort  Leaven- 
worth, Missouri,  under  the  orders  of  the  President,  in  the  case  of 
Captain  Cooke  of  the  U.  S.  Dragoons,  in  relation  to  the  discharge 

a  See  note  e,  p.  207. 

b  See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 


(Copy)  ,^        ^ 

Wab  Department 


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802  AMERICAN  HISTOBIOAL  ASSOCIATION. 

of  the  duty  assigned  to  him  for  the  protection  of  the  Caravaa  of 
Santa  Fe  traders  over  the  territory  of  the  United  States  to  the  Texan 
frontier  in  May  and  June  1843. 

Very  Respectfully,  Your  Obdt.  Servt 

Wm.  Wilkins,  Secretary  of  War 
Hon  John  C.  Calhoun 

Secretary  of  State. 


<^py>  Adjutant  General's  Office 

Washington  April  Zlfii.  1844 
Extract  of  the  proceedings  of  the  Court  of  Inquiry  held  at  Fort 
Leavenworth,  Mo,  in  the  month  of  April,  pursuant  to  "general 
orders"  No.  6,  dated  February  28th.  1844,  instituted  by  order  of  the 
President,  "to  examine  into  and  report  the  facts  respecting  the 
manner  in  which  Captain  P.  St.  George  Cooke,  of  the  United  States 
Dragoons,  discharged  the  duties  assigned  to  him  for  the  protection 
of  the  Caravan  of  Santa  Fe  traders  over  the  territory  of  thae  United 
States  to  the  Texan  frontier  in  May  and  June  1843,  whether,  in  his 
march,  he  disarmed  the  Texan  force  under  Colonel  Sniveiy,  if  so,  in 
what  territory  and  in  what  manner;  and  whether  his  conduct  was 
harsh  and  imbecoming." 

"The  Opinion''. 

In  view  of  the  foregoing  facts,  the  Court  is  of  opinion,  that  Captain 
P.  St  George  Cooke,  of  the  Regiment  of  United  States  Dragoons, 
on  the  30th.  of  June  1843,  disarmed  a  Texan  force  under  Colonel 
Sniveiy,  within  the  territory  of  the  United  States,  by  causing  <^6m 
to  lay  down  their  arms,  under  an  appropriate  exhibition  of  military 
force  of  United  States  Dragoons;  and  that  there  was  nothing  in  the 
conduct  of  Captain  Cooke  that  was  harsh  and  unbecoming"  The 
Court  is  further  of  opinion  that  Captain  Cooke  did  Bot  iexeeed  the 
authority  for  the  protection  of  the  lawful  trade  of  the  Sctnta  Fe 
Caravan,  "derived  from  the  orders  of  the  Secretary  of  War  to  the 
Commanding  General  of  the  army,  dated  March  28th.  1843,  and 
of  the  Adjutant  General  to  Colonel  Kearney,^  dated  March  29th. 
1843",  and  that  the  confidence  reposed  in  him  by  his  Government 
was  not  " in  any  degree  misplaced". 
The  Court  then  adjourned  sine-die 

(signed)  H.  S.  Turner 

Ist  Lieut  and  Adjt  Dragoons 

Recorder  of  Court 
(signed)  S.  W.  Kearney 

Col  U.  S.  Dragoons 

President  of  Court 
True  Copy 

(signed)     R.  Jones 

Adjt.  Oenl. 

a  Kearny. 


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00BBB6P0NDENOB  WITH  THE  UNITED  STATES.  30S 

(Copy.) 

War  Department 

June  27, 18U 
Sir 

In  answer  to  your  communication  of  this  day,  I  have  the  honor  to 
transmit  h^i^-with  copies  of  two  letters  of  Wm.  Armstrong  Esq. 
Acting  Superintendent  of  Indian  Affairs  West,  and  Choctaw  Agent,* 
and  a  report  erf  the  Adjutant  General  of  the  Army,  which  contain 
aU  the  information  required,  and  not  embraced  in  the  letter  of  the 
SeCTetary  of  War  to  the  Department  of  State,  on  the  11th.  of  May 
1843,  so  {«Lr  as  it  ean^now  be  furnished  by  this  Departm^at. 
I  have  the  honor  to  be 
Very  Respectfully 

Your  Obedt.  Servt 


D.  Parker 

AdgSecyafWw 

To  Hon. 

Jno.  C.  Calhoun 

Secretary  of  State. 

(Copy.) 

Adjutant  General's  Office 

Washington,  June  27, 1844 
The  Hon.  Secretary  of  War, 
Sir 

I  herewith  submit  a  copy  of  Brigr.  General  Taylor's  report  of  the 
2nd.  of  April,  (marked  B)  relative  to  the  protection  alledged  to  have 
been  given  by  an  officer  of  the  Army  of  the  United  States  to  persons 
concerned  in  an  assault  upon  the  Collector  of  Red  River  in  the 
Republic  of  Texas,  etc  refered  to  in  the  letter  of  the  Secretary  of 
State  trf  this  date,  being  the  result  of  the  inquiry  directed  to  be 
made  in  the  matter,  as  seen  by  instructions  from  this  office  to  Genl. 
Taylor  of  the  11th.  March,  of  which  a  copy  is  herewith  furnished, 
(marked  A).  I  also  submit  herewith  a  copy  of  Lieut  Colonel  Loomis' 
report  (the  officer  implicated)  to  Genl.  Taylor,  dated  April  20th. 
1843,  which  accompanied  the  General's  communication  of  April  2. 
(Marked  C).  These  are  all  the  papers  which  have  been  received  rela- 
tive to  the  subject. 

Respectfully  submitted. 

(signed)  R.  Jones 

Adjt.  Oerd. 

•  Neither  of  these  two  copies  Is  on  file  with  that  of  Parker's  letter;  but  they  most  have  been  those  of  the 
two  commtmicatlons  of  Armstrong  to  Crawford,  one  of  April  10,1843,  and  the  other  ondated,  that  were 
enclosed  with  Van  Zandt  to  Jones,  Aogost  15, 1843. 


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304  AMEBICAN  HISTORICAL  ASSOCIATION. 

(Copy.) 

Adjutant  General's  Otficb 

Washington  March  11th.  1844 
Sir 

You  will  see  by  the  correspondence,  copies  of  which  are  herewith 
enclosed,  between  Isaac  Van  Zandt  Esq.  Charge  d' Affaires  of  Texas, 
and  the  Secretary  of  State,  (and  the  accompanying  papers)  relative 
to  an  alledged  assault  upon  the  Collector  of  the  Customs  of  Texas, 
for  the  District  of  Red  River,  and  violation  of  the  revenue  laws  of 
that  RepubUc  by  sundry  citizens  of  the  United  States,  that  com- 
plaint is  made  against  Lieut.  Colonel  Loomis,  commanding  at  Fort 
Towson,  it  being  alledged  that  he  protected  the  said  assailants,  in 
their  persons  and  property,  by  placing  a  guard  on  board  the  Steam 
Boat  "Fort  Towson".  I  am  therefore  directed  to  call  your  atten- 
tion to  this  complaint  against  the  officer  of  the  army  named,  and 
that  you  report  thereon  for  the  information  of  the  War  Department 
and  the  Government. 

I  am  sir,  very  Respectfully 
Your  Obdt.  Servt 

(signed)  R.  Jones,  Adjt.  Oenl. 

Brigr  General 

Z  Taylor 

C<mCg  2ni.  Deft 

Fort  Smith,  Ark. 


(Copy.) 

Hd.  Qrs.  2d  Mily  Dept. 

FoH  Smith  April  Sd  1844 
Sir 

Your  communication  of  March  11th.  with  enclosures  from  1  to  7, 
relative  to  an  alledged  participation  of  the  Military  force  of  Fort 
Towson,  in  an  interference  with  the  revenue  laws  of  Texas  in  April 
1843,  has  been  received.  I  respectfully  enclose  herewith,  Lt.  Ccl 
Loomis^  original  report  on  the  subject;  dated  April  20th.  1843,  which 
will,  I  trust,  be  found  satisfactory.  His  course  was  fully  approved 
by  me  at  the  time,  and  the  case  seemed  so  plain  that  I  did  not  deem 
it  necessary  to  make  any  report  to  General  Head  Quarters.  It  will 
be  seen  from  the  Lt  Colonels'  report,  as  well  as  from  the  account  of 
the  affair  given  by  the  Texan  Collector,  in  No  4,"  that  the  Military 
force  had  nothing  to  do  with  the  forcible  removal  of  the  goods  from 

a  Bonrland  to  Secretary  of  Treasury  of  Texas,  May  4,  1843.    See  Calendar  of  Correspondenoe  with  the 
United  States  in  Part  I. 


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CORBESPONDENCE  WITH  THE  UNITED  STATES.  305 

the  custody  of  the  revenue  officer,  that  after  they  were  placed  on 
board  the  Steam  Boat,  and  once  more  within  the  limits  of  the  United 
States,  a  guard,  at  the  appUcation  of  the  Master  of  the  boat,  was 
placed  over  them,  in  which  I  deem  that  Lt.  Col  Loomis  did  not  ex- 
ceed the  limits  of  his  duty,  particularly  as  public  stores  were  on 
board.  It  is  believed  that  Col  Churchill,  Inspector  General,  was  on 
board  the  Fort  Towson  at  the  time,  and  I  would  respectfully  refer 
you  to  him  for  any  further  particulars. 
I  am,  Sir,  very  Respectfully 
Your  Obdt.  Servt 

(signed)  Z  Taylor  Br^t  Brig.  Oenl. 

TJ.  8.  Army,  Comd'g. 
The  Adjutant  Genebal  of  the  Abmy 

Wdshington  D.  O. 


(Copy.) 


He[a]d  Quaetebs  Fobt  Towson 

SOth  April  1843 
Cap. 

For  the  information  of  the  Commanding  General  2d.  Mil.  Dept. 
I  have  to  inform  you  that  on  tuesday,  11th.  inst,  I  was  informed  by 
the  master  of  the  Steam  Boat,  Fort  Towson,  that  he  had  a  large  quan- 
tity of  public  stores,  as  well  as  merchandise,  etc,  belonging  to  mer- 
chants of  Doaksville  and  Sutlers  of  the  posts  of  Fort  Towson  and 
Washita,  and  that  he  was  apprehensive  of  an  attack  from  the  Texan 
Custom-house  officers,  and  requested  a  guard  for  his  boat,  which  was 
lying  about  35  miles,  by  land,  below  this.  I  sent  Lt  Merrill  of  the 
Riflemen,  with  30  of  his  Company,  and  Lieut  Ernst,  of  the  6th.  In- 
fantry. Lieut  Merrill  has  this  morning  returned,  leaving  Lieut 
Ernst  and  10  men  to  come  up  on  the  boat. — No  appearance  of  an 
attack — ^The  river  is  rising  and  the  boat  expected  to  day.  I  am  told 
these  goods  were  stored  on  the  Texan  shore  to  lighten  the  boat,  and 
seized  by  the  Custom-house  Officers  of  Texas,  and  afterwards  taken 
by  force  from  the  store  by  the  Master  of  the  Fort  Towson,  therefore, 
he  feared  an  attempt  to  recapture  them. 

Although  I  do  not  sanction  any  attack  upon  Texas,  I  could  not 
allow  our  boats  to  be  molested.  This  was  also  the  opinion  of  Col. 
Churchill.  Immediately  upon  the  news  of  their  seizure,  the  Mer- 
chants of  Doaksville  etc  sent  an  express  to  Washington,  Texas,  to 
demand  their  release.  I  wrote  our  Charge  d' Affaires,  requesting 
him  to  use  his  influence  to  procure  the  restoration  of  these  goods. 

3d728**— VOT.  2,  PT  1—11 210 


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S06  AMERICAN  HISTOBIOAIi  ABSOCIATIOlf. 

I  believe  the  re-capture  was  the  act  of  the  master  etc  of  the  Fort 
Towson,  and  unknown  to  the  Merchants  and  owners  of  the  goods. 
Respectfully,  Sir, 

Your  Ob  Servt. 

GLooMis 
Lt  C6L  6:  Inf 

Oammg, 
Captain  W.  W.  S.  Bliss 

AssL  Ad  ft  Oerd, 

FoH  Smith 

Ark. 

[Here  follows  a  copy  of  Van  Zandt  to  Calhoun,  August  16,  1844.^] 


Bboweb  to  Van  Zandt.* 


Calhoun  to  Van  Zandt.^ 


Van  Zandt  to  Jones.** 
No.  129. 

Legation  of  Texas 
Washington  D.  C.  August  19th.  18U. 
Hon  Anson  Jones 

Secretary  of  State 
Sir 

I  have  the  honor  to  enclose  you  herewith  a  copy  of  my  note  of  the 
10th.  instant  to  the  Secretary  of  State  of  the  United  States  request- 
ing the  delivery  of  two  boys  said  to  have  been  taken  prisoners  on  ih/& 
Trinity  River,  and  now  among  the  Wichitaw  Indians,  together  with 
a  copy  of  the  reply  thereto  of  the  17th.  instant  which  I  have  >u3t 
received.  You  will  perceive  from  my  note  to  Mr.  Calhoun  that  I 
derived  the  information  concerning  the  boys  through  the  letter  of 
Mr.  Upshaw  Chickasaw  Agent.  I  have  no  knowledge  of  their  names 
or  ages.  It  was  stated  by  the  Indian  Chief  who  gave  the  information 
to  Mr.  Upshaw,  that  their  parents  were  murdered  at  the  time  of 
their  capture.  The  boys  will  no  doubt  be  recovered  and  sent  to  the 
Chickasaw  Agency.  Would  it  not  be  well  to  publish  the  fact  that 
the  friends  of  the  boys  may  take  the  necessary  st^s  to  secure  their 
safe  return  ? 

•  See  Calendar  of  Correspondenoe  with  the  United  States  in  Part  I. 
h  August  16, 1844.    See  Van  Zandt  to  Jones,  August  19, 1844. 

eAugust  17, 1844.   See  Van  Zandt  to  Jones,  August  19, 1844 . 

'L.8. 


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G0BBB8P0NDSNCB  WITH  THE  UNITED  STATES.  307 

I  did  not  deem  it  necessary  to  await  your  instructions  in  this  mat- 
ter, but  thought  it  best  to  act  promptly  lest  the  delay  might  embar- 
rass the  object.  I  hope  the  steps  I  have  taken  may  meet  the  appro- 
bation of  the  President 

I  have  just  received  a  letter  from  Mr.  Brower,  dated  16th.  instant, 
in  reply  to  certain  inquiries  which  I  addressed  him  respecting  the 
Mexican  Steamers  now  at  New  York.  I  send  you  an  extract  of  the 
same.  In  a  few  days  I  expect  to  hear  from  him  again  when  I  may 
think  proper  to  write  you  further  on  the  subject. 

With  the  highest  respect  I  have  the  honor  to  be 
Your  Most  Obedt.  Servt. 

Isaac  Van  Zandt 

[Next  come  copies  of  the  following  :<»  Van  Zandt  to  Calhoun, 
Augtist  10,  1844;  Calhoun  to  Van  Zandt,  August  17,  1844.] 


(Extract  from  Mr.  Brower's  letter  to  Mr.  Van  Zandt) 

"Consulate  op  Texas  New  York 

August  16th,  18U 
Dear  Sm 

I  acknowledge  with  pleasure  your  much  estd.  letter  of  12th  inst. 

I  have  heard  it  rumored  that  the  Steamers  "Guadalupe"  and 
"Montezuma"  are  to  be  manned,  or  partially  so  with  U.  S.  seamen 
when  they  leave  here,  but  as  yet,  I  am  not  enabled  to  write  you  with 
that  degree  of  certainty  upon  this  point  which  I  hope  to  do  in  a  few 
days,  having  a  friend,  who  can  approach  the  matter  in  the  right  place, 
as  I  think,  now  seeking  information  for  me. 

I  think  with  you,  it  might  not  be  policy  to  interfere  with  the  ship- 
ment of  the  crews  of  these  steamers — except  so  far  to  have  knowledge 
of  the  fact,  as  to  rebut  any  charges  by  Mexico  against  the  United 
States  and  her  citizens  for  doing  towards  Texas  that  which,  in  repeated 
cases,  Mexico  has  attained  for  herself.  Nor  do  I  believe  but  that 
Amer.  seamen  on  board  these  ships  might  easily  be  taught  to  feel 
more  patriotism  for  Texas  than  Mexico,  provided  a  few  good  and 
sagacious  friends  of  Texas  could  be  shipped  on  board  each  vessel. 

There  can  be  but  little  doubt  that  England  is  endorsing  Mexico 
in  the  proposed  campaign.  England  prefers  Texian  Independence 
with  free  ports,  and  second  to  this  she  sees  her  interest  clearly  in 
returning  Texas  to  the  Gk)vt.  of  Mexico  in  preference  to  annexation 
to  the  U.  S.  She  is  acting  on  this  principle  with  that  secrecy  and 
sagacity  which  control  all  the  great  measures  of  her  Cabinet  Counsels." 

The  above  is  a  true  extract 

Chas.  H.. Raymond  * 

Secty  of  Legation 


a  See  Calendar  of  Correspondenoe  with  the  United  States  In  Part  I. 
^  Autograph. 


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308  american  histobigaii  association. 

Van  Zandt  to  Calhoun  « 


Raymond  to  Jones.* 


Raymond  to  Jones.* 


WiLKiNs  to  Calhoun.*' 


Thomas  to  Abbucklb.<* 


Raymond  to  Jones.« 


Ceawford  to  BooNiE./ 


Wilkins  to  Calhoun.^ 


Calhoun  to  Van  Zandt.* 


Van  Zandt  to  Calhoun.* 


Calhoun  to  Howard.^ 


Van  Zandt  to  Calhoun.* 


Calhoun  to  Van  Zandt.* 


a  August  24, 1844.    See  Van  Zandt  to  Jones,  September  11, 1844. 

^  August  28, 1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

c  August  29, 1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

d  August  31, 1844.    See  Van  Zandt  to  Jones,  September  11, 1844. 

«  August  31, 1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

/  August  31, 1844.    See  Van  Zandt  to  Jones,  September  11, 1844. 

g  September  5, 1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

*  September  6, 1844.  *  See  Van  Zandt  to  Jones,  September  11, 1844. 
i  September  9, 1844.    See  Van  Zandt  to  Jones,  September  11, 1844. 

/  September  10, 1844.    See  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 

*  Septembtf  10, 1844.   See  Van  Zandt  to  Jones,  Septemba  11, 1844^ 


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gobbesponbekge  with  the  united  states.  309 

Van  Zandt  to  Jones." 
No.  130. 

Legation  op  Texas 

Washington    [City]  llUi.  Sept.  18U 
Hon  Anson  Jones 

Secretary  of  State 
Sib 

Your  dispatch  of  the  13th.  of  July,  last,  notifying  me  of  the  accept- 
ance of  my  resignation  was  not  received  until  a  short  time  ago,  when 
I  was  prostrate  with  a  severe  billions  attack  and  confined  to  my  bed. 
To-day  is  the  first  time  for  twenty  one  days  that  I  have  left  my  rooms. 
I  have  this  day  presented  my  recall  and  taken  my  leave  of  the  Presi- 
dent, and  shall  start  for  home  as  soon  as  I  am  able  to  travel.  I  will 
forward  you  by  the  next  opportunity  a  copy  of  my  speech,  and  the 
Presidents  reply. 

I  send  you  with  this  several  communications  made  to  and  received 
from  the  Department  of  State  of  the  United  States,  which  will  explain 
themselves. 

I  have  seen  the  valuation  of  the  guns  taken  from  Colonel  Snively's 
command  and  think  them  estimated  at  their  full  worth. 

Mr.  Raymond  will  acquaint  you  of  the  receipt  of  several  despatches 
directed  to  him.  The  one  in  relation  to  the  Indian  treaties,  requiring 
immediate  attention,  I  deemed  it  best  to  make  a  communication 
upon  the  subject.  Mr  Raymond  then  caUed  at  the  Department  and 
superintended  the  arrangement. 

I  had  hoped  to  be  able  to  give  the  subject  of  the  movements  of  the 
United  States  troops  and  Navy  more  attention  than  I  have  been  able 
to  do.  Mr  Raymond  has  seen  Mr  Calhoim  several  times  on  the  sub- 
ject, and  Mr.  Calhoun  has  been  kind  enough  to  caU  at  my  room  fre- 
quently, but  it  was  impossible,  owing  to  my  feeble  state,  to  discuss 
the  matter  at  any  length.  I  have  not  learned  what  will  exactly  be 
their  course  and  how  far  they  will  go.  General  Howard  will  be  fully 
instructed  so  Mr.  Calhoim  informed  me; — other  important  papers  will 
be  sent  him  to  commimicate  to  you, — eJl  of  which  I  trust  may  be  sat- 
isfactory to  the  President. 

I  have  great  confidence  that  Polk  will  be  elected,  if  so,  annexation 
will  be  certain,  if  Texas  continue  to  desire  it,  which  I  trust  she  may. 

Mr  Calhoim  has  promised  to  show  us  the  dispatch  to  General 
Howard. 

I  shall  deliver  as  directed  all  the  archives  of  the  Legation  to  Mr 
Raymond,  who,  I  have  informed  the  President  and  Secretary  of  State, 
will  proceed  to  discharge  the  duties  of  the  Legation,  as  Acting  Charg6 
d'  Affaires. 

I  shall  write  you  again  when  I  am  more  able. 
With  great  regard 
Truly  Yours 

Isaac  Van  Zandt. 


•  L.  S. 


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810  AMISIGAN  HIBTOBIGAIi  ABBOGIATIOir. 

[Next  come  copies  of  the  following  :<*  Van  Zandt  to  Calhoun,  August 
24,  1844;  Calhoun  to  Van  Zandt,  September  6,  1844;  Thomas  to 
Arbuckle,  August  31,  1844;*  Crawford  to  Boone,  August  31,  1844; 
Van  Zandt  to  Calhoun,  September  9,  1844;  Van  Zandt  to  Calhoun, 
September  10,  1844,  taking  leave;  Calhoun's  acknowledgment, 
bearing  the  same  date.] 


Raymond  to  Jones.* 


Calhoun  to  Howajrd/ 


Ratmokd  to  Jones.<* 

N0.U1. 

Legation  of  Texas 
Washington  City,  September  12th.  1844- 
Hon  Anson  Jones 

Secretary  of  Staie 
Sm: 

Your  dispatch  of  tJie  29th.  of  July,  last,  addressed  to  me  «s  Acting 
Charg6  d' Affaires,  in  relation  to  a  contemplated  Indian  Council,  was 
received  on  the  23rd.  ultimo,  at  a  time  when  Mr  Van  Zandt,  who  did 
not  present  his  letter  of  recall  until  yesterday,  was  very  ill.  He 
however  immediately  addressed  a  note  to  the  Secretary  at  State  of 
the  United  States  upon  the  subject;  and  the  orders  from  the  Adjutant 
General's  Office  and  the  instructions  from  the  Conunissioner  of  Indian 
Affairs  of  the  United  States,  copies  of  which  were  aiclosed  to  you  in 
dispatch  No  130,  will  inform  you  of  the  steps  taken  by  this  Govern- 
ment in  the  matter. 

The  Conmiissioner,  Captain  Boone,  with  his  company  of  dragoons, 
will  probably  reach  the  Council  groimd  about  the  1st.  proximo,  but  in 
any  event,  it  is  to  be  hoped  the  Indians  will  be  detained  until  his 
arrival. 

Your  dispatch  of  the  5th.  ultimo  enclosing  copies  of  the  replies  of 
the  President  and  Secretary  of  War  and  Marine  to  the  Communication 
from  Genl  Adrian  Woll  of  the  19th  of  Jime  last,  was  also  received  the 
23rd.  ultimo.  I  showed  the  President's  reply  to  Mr  Calhoun  who 
expressed  much  gratification  at  its  tone  and  spirit. 

a  See  Calendar  of  Correspondenoe  with  the  United  States  In  Part  I,  for  all  except  the  last  two,  whloh  hxn 
not  been  published. 

6  C/.WlUdns  to  Calhoun,  September  6, 1844.  See  Calendar  of  Correspondence  with  the  Uoited  States  in 
Parti. 

eSeptember  13, 1844.   See  Calendar  of  Correspondenoe  with  the  United  StatesinPWBtL 

'A.  L.  8. 


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COBBB6PONDBNCE  WITH  THE  XmiTm)  STATES.  311 

Your  dispateh  of  the  6th.  nltbno,  by  express,  concerning  the 
immediately  expected  hostile  moTements  of  Mexico^  with  the  accom- 
panying documents,  reached  here  two  weeks  ago.  Cki  the  same 
evening  I  called  upon  the  Secretary  of  State  (Mr.  Van  Zaadt  being 
too  ill  to  leave  his  room)  and  in  pursuance  of  your  instructions  made 
known  to  him  and  afterwards  to  the  President  of  the  United  States, 
the  President's  understanding  of  the  pledges  and  assurances  given  by 
their  Government  for  the  protection  and  support  of  Texas  against 
foreign  aggression.  The  Secretary  of  State  informed  me  of  the  receipt 
t>f  Grenl.  Howard's  dispatches  upon  the  same  subject,  and  assured  me 
they  would  be  immediately  considered  and  acted  upon  by  his  Gov- 
ernment; and  that  Oen^al  Howard  would  be  amply  instructed  in 
regard  to  the  measures  that  would  be  adopted  by  this  Government  in 
fulfillment  of  its  pledges,  and  directed  to  commimicate  the  same  to 
your  Department.  I  had  several  more  interviews  with  him  in 
reference  to  this  subject,  and  he  had  the  kindness  to  call  repeatedly 
at  Mr  Van  Zandts  lodgings,  where  it  was  discussed  as  thoroughly  as 
his  weak  state  of  health  would  admit.  The  true  state  of  the  case 
having  been  brought  to  the  attention  of  this  Government  by  the 
correspondence  which  passed  between  your  Department  and  Genl. 
Howard,  it  seemed  to  be  unnecessary  to  address  a  written  communi- 
cation upon  it  to  the  Department  of  State  here. 

We  have  been  £&own  a  very  strong  and  able  paper  from  the  Depart- 
ment of  State  of  the  United  States  to  their  Minister  at  Mexico  to  be 
communicated  by  him  to  the  Mexican  Government,  protesting  against 
a  renewal  of  the  war  and  its  manner  of  conduct  against  Texas,  and 
declaring  that  the  United  States  will  view  any  attack  upon  her  by 
Mexico  as  highly  offensive  to  th^n. — A  cop/  of  it  will  be  furnished 
you  by  Genl.  Howard. 

Since  writing  the  above  Mr  Calhoun  has  sent  us  his  dispatch,  to 
Genl  Howard,  to  peruse,  and  to  our  surprise  nothing  was  mentioned 
in  it  respecting  the  disposition  to  be  made  of  the  land  and  naval 
forces  of  the  United  States  in  order  to  our  protection.  I  inamediately 
called  at  the  Department  of  State  and  expressed  to  Mr  Calhoun  my 
surprise  and  disappointment  at  the  omission.  He  replied  that  the 
assurances  of  his  Government  on  that  point  were  already  full  and 
exphcit;  that  I  might  however  reassure  my  Government  that  the 
orders,  given  at  the  time  tiie  treaty  was  made,  to  Brig'  GenL  Taylor 
and  conmaodore  Connor,  were  continued  in  their  full  force  and 
operation — that  there  would  be  no  change  in  the  present  position 
and  organization  of  the  army — that  a  large  naval  force  would  soon  be 
in  the  Gulf  and  that  two  or  more  (or  as  many  as  might  be  necessary) 
vessels  of  War  would  be  stationed  at  Galveston,  before  any  attack 
should  foe  attempted  upon  that  place. 


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812  AMERICAN  HISTOBICAL  ASSOCIATION. 

I  shall  continue  to  press  upon  the  (Jovemment  of  the  United  States, 

by  every  consideration  in  my  power  to  offer,  the  high  obligations  they 

are  under  to  afford  us  prompt  and  efficient  aid  and  protection  against 

our  enemy,  and  will  address  you  again  upon  the  subject  in  a  few  days. 

I  have  the  honor  to  be  with  high  regard 

Your  Obedient  Servt. 

Chab.  H.  Raymond 

Calhoun  to  Donelson.* 


Thomas  to  Taylor.** 


Thomas  to  Arbuokle.'' 


Calhoun  to  Raymond.* 


Raymond  to  Jones.* 
No.  132. 

Legation  of  Texas 
Washington  D.  C.  Sept.  19th.  18U 
Hon  Anson  Jones 

etc.  etc.  etc 
Sm 

The  painful  news  qf  Grenl.  Howards'  death  reached  here  on  the 
15th.  Instant,  and  caused  among  his  numerous  friends  and  acquaint- 
ances the  most  unfeigned  grief. 

On  account  of  the  interesting  position  of  Texian  affairs  the  President 
of  the  United  States  lost  no  time  in  appointijog  another  Chargfi 
d' Affaires  to  our  Government.  The  appointment  has  been  confered 
upon  Andrew  Jackson  Donnelson,  nephew  of  Grenl  Jackson.  A 
special  message  was  dispatched  to  him  on  yesterday  morning  ^th 
his  commission  and  instructions.  If  he  accepts,  of  which  no  doubt  is 
entertained,  he  is  directed  to  proceed  with  all  possible  speed  to  our 
seat  of  Government  and  communicate  to  your  Department  the  meas- 
ures taken  and  to  be  taken  by  this  Government  in  fulfillment  of  its 
pledges  of  protection.  In  addition  to  the  protest  of  this  Government 
to  Mexico,  refered  to  in  my  last  dispatch,  a  copy  of  which  the  United 
States  Chargfi  is  directed  to  communicate  to  you,  and  its  orders  for 
the  return  of  Commodore  Connor,  with  the  vessels  of  War  imder  his 

a  September  17, 1844.  See  Calendar  of  Correspondenoe  with  the  United  States  In  Part  L 
»  September  18, 1844.  See  Calendar  of  CocnspondQDoe  with  the  United  States  In  Part  L 
CA.L.S. 


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COBBESPONDENCB  WITH  THE  UNITBD  STATES.  818 

command,  to  the  Gulf  and  along  our  coast,  Mr  Donnelson  has  been 
authorized  and  instructed,  upon  representations  being  made  to  him 
by  our  Government  that  there  is  reason  to  apprehend  an  attack 
upon  our  frontiers  by  any  of  the  various  tribes  of  Indians  upon  and 
adjacent  to  the  boimdary  line  of  Texas  and  the  United  States, 
through  the  instigation  of  emisaries  of  the  Mexican  Government  or 
from  any  other  cause,  and  upon  a  request  being  made  by  us  that 
United  States  troops  be  stationed  within  our  limits  for  the  purpose  of 
restraining  by  force  these  Indians,  to  order  the  troops  from  Fort 
Jesup,  Fort  Towson  etc  to  such  points  and  places  in  Texas  as  may 
be  deemed  best  for  our  security.  Probably  San  Antonio  would  be 
one  desirable  point  at  which  to  station  a  large  detachment.  Mexico 
could  not  complain  of  such  a  step  for  it  would  be  in  strict  accordance 
with  the  33rd.  article  of  her  treaty  of  1831  with  the  United  States,  and, 
under  that  article  of  the  treaty,  Texas  has  the  right  to  demand  this 
course  of  the  United  States. 

A  letter  has  just  been  received  by  this  Grovemment  from  its 
Cherokee  Agent  giving  information  that  Mexican  emisaries  have 
been  and  are  now  among  the  Indian[s]  on  the  borders  of  the  United 
States  and  Texas,  endeavouring  to  instigate  them  to  join  our  enemy 
in  the  contemplated  invasion;  and  I  am  confident  you  will  be  enabled, 
at  home,  to  furnish  such  facts  and  evidence  to  the  United  States 
Charg6  d' Affaires,  in  relation  to  the  disposition  and  probable  designs 
of  these  Indians  under  the  influence  of  Mexico,  as  will  fully  authorize 
him  to  give  the  orders  alluded  to. 

The  President  of  the  United  States  left  the  city  on  the  17th.  inst 
on  a  visit  of  a  few  days  to  the  Springs  in  Virginia.  Mr  Calhoun  will 
leave  next  week  on  a  visit  to  South  Carolina. 

The  last  dispatch  received  from  your  Department  is  of  the  6th.  ult. 

I  have  the  honor  to  be  with  sentiments  of  high  regard  Your  Most 

Obedt.  Servant. 

Chas.  H.  Raymond. 

Raymond  to  Jones." 
No.  133. 

Legation  of  Texas 
Washington  D.  O.  October  1st.  1844 
Hon  Anson  Jones 

etc.  etc.  etc. 
Sm 

The  Mexican  Steam  vessels  of  War,  ^^Gaudalupe"  and  ^'Monte- 
zuma" are  still  at  New  York.^  I  have  had  several  conversations, 
recently,  with  the  Secretary  of  State  in  regard  to  them,  and  he  has 
assured  me  in  the  most  positive  terms,  that  they  will  not  be  permitted 

aA.L.S.  »  See  note  (w  p.m. 


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314  AMEBIOAN  HISTORICAL  ASSOGIAnOir. 

to  increase  their  equipment,  or  armament  in  the  smallest  degree 
within  the  territories  of  the  United  States.  He  also  informed  me 
that  the  President  has  dispatched  a  special  agent,  a  legal  gentleman 
of  this  city,  to  New  York,  who  with  Mr  Hoffman  the  United  States 
District  Attorney,  is  directed  to  keep  strict  watch  upon  ttieir  move- 
ments, collect  evidence,  and,  in  case  they  commit  any  act  contaraven- 
ing  the  laws  of  neutrality,  to  institvite  the  necessary  l^al  process 
for  their  detention.  Owing  however  to  the  want  of  proper  mimicipal 
regulations,  in  this  country,  to  give  eflSciency  to  the  law  of  nations 
in  such  cases,  I  very  much  fear  they  will  be  suffered  to  depart 
unmolested. 

I  was  on  yesterday  permitted  to  read  at  the  Department  of  State 
a  portion  of  a  Dispatch  from  Mr  Green,  dated  at  the  city  of  Mexico 
the  20th.  of  August,  last.  He  states,  in  substance,  that  since  the 
arrival  of  a  late  Packet  from  England,  the  Mexican  Government  had 
changed  its  plan  of  attack  upon  Texas — ^That  instead  of  an  invasion 
by  land  they  now  contemplate  an  expedition  by  sea,  which  shall 
blockade  Galveston,  demolish  the  city,  exterminate  the  inhabitants, 
and  thus,  at  once,  spread  consternation  and  dismay  through  every 
part  of  our  country.  This  to  be  done,  immediately  upon  the  arrival 
of  their  two  Steamers  from  New  York  and  those  expected  from 
Great  Britain. 

I  called  yesterday  upon  the  Secretary  of  the  Navy  and  was  informed 
by  him  that  orders  had  gone  to  Commodore  Connor  to  proceed  forth- 
with with  the  vessels  under  his  command,  on  a  cruise  to  iixe  Gtilf  c^ 
Mexico  and  along  our  coast.  How  far  the  presence  of  such  a  force  in 
the  Gulf,  in  connection  with  the  protest  which  the  United  States 
Minister  at  Mexico  has  been  instructed  to  make  to  the  Mexican  Gov- 
ernment, concerning  the  renewal  of  hostilities  at  this  time  against 
Texas,  a  copy  of  which  I  presmne  you  will  have  seen  before  this 
reaches  you,  will  deter  the  contemplated  hostile  movements  of  our 
enemy  future  events  must  determine.  In  my  opinion  there  will  be 
no  serious  invasion  either  by  land  or  sea,  it  is  wise,  however,  to  be 
prepared  for  any  emergency  that  may  arise. 

It  is  not  yet  known,  here,  whether  Mr  Donnelson  has  accepted  the 
appointment  of  Charg6  d 'Affaires  to  Texas,  but  it  is  presumed  he  has, 
and  that  he  is  now  on  his  way  to  his  post. 
With  the  highest  regard 

I  have  the  honor  to  be 

Your  Mo  Obdt  Servt. 

Chas.  H.  Ratmokd 


Shannon  to  Rej6n.* 


a  October  14, 1844.    See  Donelson  to  Jones,  December  6, 1844. 


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COBBIBPOKDENCE  WITH  THE  UNITBP  STATES.  815 

JONEB  TO   ReULT. 

Department  of  State 
Washington  [Texas]  Oct  16ih.  18U 
To, 

Col.  James  Reilt 

ChargS  ^Affaires  of  the  RepyMic  of  Texas 

etc  etc  etc 
Sm, 

You  have  been  appointed  Chargfi  d' Affaires  of  this  Government  to 
that  of  the  United  States  and  I  have  the  pleasure  to  transmit  you 
herewith  your  commission  as  such,  your  letter  of  Credence  to  be 
presented  to  the  Secretary  of  State  of  that  coxmtry,  with  a  copy  of 
the  same  ^  and  also  a  full  power  to  negotiate  Treaties  etc. 

So  soon  as  it  may  be  convenient  it  is  desired  that  you  will  repair  to 
the  City  of  Washington  and  assume  the  duties  of  that  Legation.  Mr. 
Raymond  is  now  in  charge  of  its  duties  and  has  its  archives,  and  will 
on  your  arrival  resign  the  former  into  your  hands  and  place  at  your 
disposition  the  latter.  Among  the  Archives  you  will  find  instruc- 
tions for  your  governance.  Others  will  be  forwarded  you  from  time 
to  time  from  this  Department 

The  subject  of  most  pressing  and  immediate  importance,  is  that  of 
the  aid  and  protection  to  be  rendered  this  country  by  the  United 
States  in  the  event  of  a  resumption  of  active  hostilities  by  Mexico, 
under  the  pledges  and  assurances  given,  previous  to  intering  into 
negotiations  for  the  Treaty  of  Annexation.  Should  the  (Government 
of  the  United  States  not  be  wiUing  to  fulfill  all  those  pledges  in  the 
most  ample  manner  and  to  protect  us  both  by  sea  and  land,  by  the 
employment  of  a  sufficient  force  in  case  of  any  hostile  demonstrations 
on  the  part  of  our  enemy,  a  knowledge  of  the  fact  must  of  course  have 
a  very  considerable  influence  in  determining  the  future  policy  of  Texas 
in  reference  to  annexation 

The  unfortunate  death  of  Gen  Tilghman  A.  Howard  the  U.  S 
Chargfi  near  this  government  has  prevented  my  recieving  the  prom- 
ised copies  of  the  instructions  sent  to  him  and  to  Qov.  Shannon 
Charg6  to  Mexico.  I  am  consequently  as  yet  ignorant  of  the  precise 
course  adopted  by  the  Cabinet  at  Washington  in  reference  to  the 
appUcation  made  to  it  some  time  since  for  a  redemption  of  those 
pledges,  when  invasion  was  threatened  by  Mexico. 

The  President  and  Commissioners  have  returned  from  the  Indian 
Council  at  Tawaccono  Creek.  A  Treaty  of  Peace  was  concluded 
between  Texas  and,  the  Chiefs  of  the  Commanches  Wacos  Caddos 
and  several  other  tribes  of  Indians.  The  Commissioner  on  the  part 
of  the  United  States  Capt  Boone,  unfortunately  did  not  lurive  in 

a  A  copy  of  this  letter,  dated  October  16, 1844,  b  on  file,  but  the  other  inolosores  mentioned  haye  not 
beenloand. 


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816  AMERICAN  HISTORICAL  ASSOCIATION. 

time  to  be  present  at  the  Treaty.  This  circumstance  was  very  much 
regretted  by  the  President,  and  he  used  every  effort  to  detain  the 
Commanches  untill  Capt.  B.  should  arrive  but  without  success.  They 
were  very  restless  probably  under  some  alarm  for  their  personal  safety, 
and  would  not  wait.  You  will  explain  this  matter  to  the  Secretary 
of  State  of  the  U.  S.  and  prevent  any  misconstruction  being  placed 
upon  the  conduct  of  the  President  and  Commissioners  of  Texas 
I  have  the  honor  to  be  very  Respy. 
Your  Ob  Svt 

(Signed)  Anson  Jones 


Jones  to  Raymond. 

Department  op  State 

Washinffton  Oct.  iJiih.  ISU-'' 
Sm, 

I  have  the  honor  to  inform  you  that  the  Hon.  James  Reily  has 

been  appointed  Chargfi  d'Affaires  of  this  (lovemment  to  the  United 

States.     It  is  probable  that  Mr.  Reily  may  reach  Washington  about 

the  first  of  December  next,  when  he  will  enter  upon  the  duties  of  his 

oflBce. 

In  the  mean  time  you  will  be  governed  by  the  instructions  you 

have  heretofore  received  from  this  Dept. 

I  have  the  honor  to  be, 

Very  respectfully. 

Your  Obt.  Servant, 

(Signed)  Anson  Jones. 

Hon.  Charles  H.  Raymond, 

ActxTig  Chargi  d^  Affaires 

etc.  etc.  etc. 


Shannon  to  Calhoun.* 


Rej6n  to  Shannon.** 


Shannon  to  Rej6n.<* 


Rej6n  to  Shannon.* 


o  Received  Noyember  28.    Bee  Raymond  to  Secretary  of  State  of  Texas,  December  4, 1844. 
»  October  28, 1844.    See  Calendar  of  Correspondence  with  the  United  Statea  In  Part  I. 
e  October  31, 1844.    See  Donelson  to  Jones,  December  6, 1844. 
d  November  4, 1844.    See  Donelson  to  Jones,  December  6, 1844. 
•  November  6, 1844.    See  Donelson  to  Jones,  December  6, 1844. 


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coebbspondenoe  with  the  united  states.  317 

Shannon  to  Rej6n.<* 


Reillt  to  Jones.* 


Raymond  to  Jones.** 
Dispatch  No.  134. 

Legation  of  Texas 
Washington  D.  C.  Nov  27th.  18U 
Hon  Anson  Jones 

Secretary  of  State 
Sm 

Mr  Brower,  our  Consul  at  New  York,  addressed  me  a  note  a  few 
days  ago  informing  me  that  business  of  importance  called  his  atten- 
tion to  Europe  for  a  few  months,  and  requestmg  leave  of  absence 
from  his  Consulate  from  the  latter  part  of  this  month  until  March  or 
April  next.  I  granted  him  the  leave  which  he  desbed,  and  directed 
him  to  appoint  some  suitable  person  as  Vice  Consul  during  his  absence. 
He  has  accordingly  placed  the  business  of  the  Consulate  in  the  hands 
of  his  friend,  WilUam  S.  Pierson  Esq.,  Counsellor  at  Law,  who,  he 
says,  is  a  staunch  friend  of  Texas,  and  every  way  worthy  the  confi- 
dence of  our  (Jovemment. 

The  two  Mexican  War  Steamers,  the  ''Montezuma"  and  the 
"Gaudalupe"  and  the  brig  of  War ''Santa  Anna"  sailed  from  New 
York  the  24th.  Inst  for  Vera  Cruz.** 

Mr.  Shannon,  United  States'  Minister  in  Mexico,  in  a  recent  dis- 
patch to  his  Government,  says  that  Mexico  is  entirely  without  the 
means  to  make  a  move  against  us,  and  that  there  is  a  strong  proba- 
biUty  of  an  immediate  revolution  in  that  already  distracted  country. 

It  is  important  that  the  evidence  concerning  the  illegal  seizure  of 
certain  goods  in  the  possession  of  the  Collector  of  the  District  of  Red 
River  by  citizens  of  the  United  States,  for  which  indemnification  has 
been  demanded  of  this  (Jovemment,  should  be  prepared  and  trans- 
mitted to  your  Representative,  here,  as  early  as  possible.  This  (jov- 
emment  is  now  preparing  the  case  to  submit  to  Congress. 

The  latest  communication  which  I  have  received  from  your  Depart- 
ment is  dated  the  6th.  of  August,  last. 

I  have  the  honor  to  be  with  sentiments  of  high  regard 
Your  Mo.  Obedient  Servant 

Chas.  H.  Raymond 

a  November  8, 1844.    See  Donelaon  to  Jones,  December  6, 1844. 

b  November  10, 1844.   See  addenda  to  Calendar  of  Correspondence  with  the  United  States. 

eA.L.S. 

tf  See  note  b,  p.  299. 


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318  AMEBICAN  HISTORIC AI.  ASSOGIATIOK. 

Addbess  op  Donelson  on  PBEABKTnrG  His  Credentials** 


Bbplt  of  Jones  to  Donelson's  Address.^ 


Address  of  Donelson's  to  Houston.* 


Reply  of  Houston  to  Donelson  Address.* 


Donelson  to  Jones.* 

Washington  [Texas],  December  2d,  1844 
To  the  Honble 

Anson  Jones 

Secretary  of  State  of  Texas 
Sm, 

Finding  among  the  mstructions  directed  to  this  legation,  by  the 
Government  of  the  United  States,  a  despatch  to  the  late  CSiargfi 
d' Affaires,  Grenl  Murphy,  in  relation  to  a  complaint  against  the  col- 
lector of  the  customs  at  Sabine  in  Texas,  growing  out  of  his  attempt 
to  collect  Tonnage  duties  from  the  United  States  Schooners  Louisiana 
and  William  Bryan,  under  circumstances  of  threatened  violence, 
which  resulted  in  an  agreement  by  the  Masters  of  those  vessels  to  pay 
said  duties,  if  the  two  Governments  should  decide  that  they  were 
legally  imposed:  and  not  perceiving  from  the  records  of  the  legation 
that  the  views  of  my  Government  on  the  subject,  if  communicated  to, 
received  the  consideration  of,  this  Government,  I  avail  myself  of  the 
earliest  opportunity  since  my  arrival  to  soUcit  your  attention  to  it. 

You  will  perceive,  from  the  papers,  herewith  transmitted,  showing 
the  circumstances  and  character  of  the  transaction,  that  the  authority 
to  collect  those  duties  cannot  be  recognized  by  the  United  States, 
without  a  surrender  of  their  jurisdiction  of  the  waters  of  the  Sabine 
Pass,  Lake  and  river — a  jurisdiction  clearly  acknowledged  by  the 
Treaty  of  limits  between  the  United  States  and  Spain,  and  necessarily 
resulting  from  the  admission  of  the  boundary  line,  since  run  and 
marked  by  duly  appointed  commissioners  on  the  part  of  both  Texas 
and  the  United  States 

Not  supposing  it  can  be  intended  to  deny  to  the  United  States 
jurisdiction  of  the  waters  of  the  Sabine,  from  its  mouth  in  the  sea, 

a  Undated,  but  presented  during  the  latter  part  of  November  or  the  earlier  part  of  December,  1844.    Bee 
Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
»  Undated.    Bee  Calendar  of  Correspondence  with  the  United  States  in  Part  I. 
eA.  L.B. 


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OOBBESPONIWENCB  WITH  THE  UNITED  STATES.  319 

along  its  west  Bank  to  the  32d  degree  of  North  latitude,  as  ascer- 
tained by  the  line  referred  to,  it  is  presumed  by  my  Government  that 
this  claim  of  tonnage  duties  was  made  without  full  consideration  on 
the  part  of  the  collector,  and  without  orders  from  the  Government 
of  Texas. 

The  President  of  the  United  States,  therefore,  doubts  not  that  a 
mere  statement  of  the  facts  of  the  case  to  this  Government  will  pro- 
duce such  an  order  as  will  cancel  the  obUgation  required  of  the  Cap- 
tains of  the  Louisiana  and  William  Bryan,  and  such  instructions  as 
will  prevent  hereafter  a  recurrence  of  like  grievances.  In  conveying 
this  expectation  it  cannot  be  necessary  for  me  to  dwell  upon  the 
tendency  of  such  complaints  to  interrupt  the  friendly  feeling  between 
the  citizens  of  the  two  RepubUcs,  which  it  is  so  much  the  wish  of  the 
two  Governments  to  promote, — or  to  make  assurances  of  the  deter- 
mination of  my  Government,  in  the  exercise  of  its  acknowledged 
rights,  to  obstain  from  every  act  which  can  be  deemed  questionable 
concerning  the  rights  or  even  the  feelings  of  the  Government  or  people 
of  Texas. 

I  have  the  honor  to  be,  with  sentiments  of  great 

respect,  your  Excellency's  very  obedient  servant 

A  J  DONELSON 


Mr.  CticuUu  to  Mr.  Si>encer. 

COLLECTOBS   OfFICE 

New  Orleans  ^th  April  18U  . 

SlB 

I  have  the  honor  to  transmit  to  you,  herewith,  the  Deposition  of 
two  American  Captains  and  their  mates,  who  were  compelled  by 
threats  of  being  sunk,  to  land  in  Texas  and  there  give  their  obligatiooi 
to  pay  one  dollar  per  ton  to  the  Texian  oflBicer  of  the  Customs,  which 
they  did  under  protest  (No  2),  also  the  reply  of  Hon  Batie<*  Peyton  to 
a  letter  addressed  to  him  on  the  subject  by  me. 

This  being  a  very  grave  matter  and  one  Ukely  to  lead  to  very  dis- 
agreeable results  to  both  countries,  I  most  respectfully  request  your 
instructions  upon  the  subject  at  your  earUest  convenience. 
I  have  the  honor  to  be,  very 

respectfully.  Your  Obt  Svt.  • 

(Signed)  M.  S.  Cxjcullu  CoUedcr. 

Hon 

John  C.  Spenceb,  Secretary 

of  the  Treasury. 

s  BaUe. 


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320  AMEBIOAN  HI8T0BICAL  ASSOCIATION. 

ICr^  Peyton  to  Mr.  CacoUu. 

Office  of  the  District  Attorney. 

April  26th,  18U> 
Sm, 

I  am  in  receipt  of  your  letter  of  the  25th  inst  transmitting  copies 
of  the  depositions  of  two  American  captains  and  their  mates,  in  the 
coasting  trade,  who  while  in  the  waters  of  the  United  States,  in  the 
Sabine,  were  compelled  by  threats  of  having  their  vessels  sunk,  to 
land  on  the  Texas  side,  and  there  pay  or  give  their  obligation  to  pay 
to  the  Texian  officer  of  the  Customs,  one  dollar  per  ton.  That  the 
said  Captains  are  about  to  clear  for  the  Sabine,  and  not  wishing  or 
intending  to  stop  at  a  foreign  port,  request  instructions  and  protec- 
tion from  this  office.  And  upon  this  subject  you  ask  my  opinion. 
This  is  a  subject  of  grave  importance,  and  one  which  more  properly 
belongs  to  the  Executive  departments  of  the  governments  of  the 
United  States  and  Texas. 

According  to  the  treaty  of  22nd  February  1819,  and  the  third 
article  thereof,  the  boxmdary  line  between  the  two  coimtries  (Spain 
and  the  United  States)  west  of  the  Mississippi;  shall  begin  on  the 
Gulph  of  Mexico,  at  the  mouth  of  of  the  River  Sabine,  in  the  sea  con- 
tinuing North  along  the  western  lanTc  of  that  river  to  the  32nd  degree 
of  latitude,  thence  by  a  line  due  North  to  the  Rio  Roxo  or  Red  River. 
And  all  the  Islands  in  the  Sabine  and  the  said  Red  and  Arkansas 
rivers,  throughout  the  course  thus  described  to  belong  to  the  United 
States,  but  the  use  of  the  waters,  and  the  navigation  of  the  Sabine 
to  the  sea,  and  the  said  rivers  Roxo  and  Arkansas,  throughout  the 
extent  of  the  said  boundary,  on  their  respective  banks,  shall  be 
common  to  the  inhabitants  of  both  nations. 

From  which  it  is  clear  that  the  United  States  own  and  hold  sov- 
ereignty over  the  whole  extent  of  the  Sabine  river  up  to  the  degree 
mentioned  in  the  treaty  and  that  it  is  a  violation  of  her  laws,  and  the 
rights  of  her  citizens  to  molest  or  hinder  them  in  the  navigation  of 
the  waters  of  the  Sabine  river,  under  the  circumstances  mentioned. 

I  think  that  you  should  extend  all  reasonable  protection  to  Ameri- 
can vessels  in  the  coasting  trade,  while  navigating  that  river.  The 
means  to  be  used  are  to  be  determined  on  by  yourself  imder  the 
advice  of  the  Department  at  Washington.  And  in  the  meanwhile  I 
would  suggest  the  propriety  of  resorting  to  no  course  which  may 
have  a  tendency  to  produce  violence  or  bloodshed,  xmtil  the  two 
governments  of  whose  pacific  and  friendly  disposition  towards  each 
other  there  can  be  no  doubt,  shall  have  an  opportunity  of  giving 
instructions  on  the  subject. 

I  am,  very  respectfully, 

Your  Obedient  servant, 

(Signed)  Balie  Peyton. 

To  M  S  CucuLLU 

Collector. 


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COBBE8PONDENCE  WITH  THE  UNITED  STATES.  821 

New  Orleans  April  2Sd,  I844. 
To  the  Collector  of  the  Customs  at  New  Orlecms 
Dear  Sm, 

The  undersigned,  Masters  of  the  Schooners  Louisiana  and  William 
Bryan,  together  ¥rith  their  Mates,  do  certify,  that  after  having  taken 
a  cargo  of  Texas  cotton  on  board,  from  Texas  bottoms,  while  at  anchor 
in  the  Sabine  Lake,  and  in  passing  out  of  said  Lake,  we  were  forced 
to  come  to  anchor  by  the  firing  of  two  large  gims  from  the  Texas 
Band,^  and  demanded  to  pay  one  dollar  per  ton  for  the  full  tonnage 
of  our  vessels;  and  refusing  to  comply,  were  told  by  the  Texas  Col- 
lector that  he  would  fire  into,  and  sink  us  if  he  could.  Having  not 
Uie  amount  of  any  money  with  us  to  meet  such  demand  and  believing 
such  to  be  no  better  than  robbery  upon  the  high  sea,  we  made  a 
written  proposition,  which  the  CoUector  accepted.  Accompanying 
this  is  a  duplicate.  Hoping  to  be  protected  by  our  government  in 
the  United  States,  we  submit  this  to  your  consideration  beUeving  in 
the  mean  time  you  will  protect  us  from  further  trouble,  from  the  same 
source,  imtil  the  final  settlement  by  the  U.  States. 

We  remam  wiin  esteem 

Yours  very  respectfully 
Master  of  Schooner  Louisiana         (signed)  Daniel  B.  Eddy 

Mate  Jno  W  Jones 

Master  of  Wm  Bryan  D.  N.  Moss 

Mate  Abnbr  Brown 


Sabine  Pass 
April  17th  18U 
Whereas  by  a  late  act  of  Congress  of  the  Republic  of  Texas,  a 
Tonnage  duty  of  one  dollar  per  ton  has  been  imposed  upon  foreign 
vessels,  among  which  are  included  American  vessels,  and  Whereas 
the  American  Schooner  Louisiana,  Daniel  Eddy,  Master,  and  William 
Bryan,  D  N.  Moss,  Master,  now  both  lying  in  the  Sabine  pass,  believ- 
ing the  imposition  of  said  tonnage  duty  to  be  improper  and  not 
having  the  amoimt  of  Money  required  to  be  paid,  nor  any  way  of 
now  obtaining  the  same,  at  this  place  and  with  a  disposition  to  avoid 
all  difficulty  between  the  Collector  of  Customs  at  Sabine  in  Texas  and 
the  Masters  of  said  vessels,  it  is  hereby  mutually  agreed  between  the 
said  parties  that  the  Collector  of  Customs  aforesaid  William  V  C 
Dashiels  ^  Esq.  hereby  agrees  to  accept  from  the  said  Daniel  Eddy 
and  D.  N.  Mc«s,  their  respective  promissory  notes  to  be  indorsed  by 
each  for  the  other  for  the  respective  sums  of  money  due  by  them  as 
tonnage  money  upon  their  vessels  at  this  time,  and  which  said  notes 
are  made  a  part  of  this  agreement  by  consent  of  all  parties  to  the 


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322  AMERICAN  HISTORICAL  ASSOCIATION. 

same  the  said  Collector  acting  in  this  matter  for  himself  and  for  his 
government  of  the  Republic  of  Texas,  and  the  said  Eddy  and  Moss, 
for  themselves  and  the  respective  owners  of  their  said  vessels.  Now 
the  condition  of  this  obligation  is  such  that  if  the  government  of  the 
Ubited  States  and  the  Republic  of  Texas  shall  hereafter  mutually 
agree  that  it  is  right  and  proper  that  the  said  tonnage  money  shall 
be  paid  by  American  vessels  entering  and  departing  from  the  Sabine 
Pass  or  Sabine  Lake,  having  on  board  a  cargo  of  cotton  or  other 
Texas  produce,  the  same  having  been  received  on  board  while  lying 
at  a  distance  from  the  Texas  shore,  and  taken  on  board  from  flat  or 
keel  boats  entering  said  Lake  or  pass  from  the  Sabine  and  Neches 
Rivers,  then  the  said  Eddy  and  Moss  agree  to  pay  said  sums  of  Money 
as  are  expressed  to  be  paid  in  said  promissory  notes,  or  should  said 
governments  agree  that  the  said  tonnage  is  not  or  should  not  [be  paid], 
the  said  Collector  or  whosoever  may  be  in  possession  of  said  notes 
shall  deliver  the  same  to  said  Eddy  and  Moss  or  their  properly 
authorized  agents.  In  witness  whereof  we  have  hereto  set  oiu*  hands 
and  seals,  this  17th  day  of  April  A.  D.  1844. 
(Signed)  D  B.  Eddy 

D.  N.  Moss 

Wm  V  C.  Dashiell,  Collector 

District  S